There have been a few times in my life that I have needed a lawyer, and during those times, their help was invaluable. I worked with lawyers during the custody battle for my kids, when I dissolved the partnership for my business and after I suffered an injury at work. In this blog, I plan to write about the law from a range of angles. I may share posts inspired by my personal experiences, what's popular in the news or what strikes my fancy when I'm writing. I have a daughter, Oliva. I manage a medical clinic, and I love blogging. I hope you like the results. My name is Melinda, and thanks for reading!
Most people will assume that as long as there is a will in place, then the estate can be shared out as stipulated by the deceased. Nonetheless, even when there is a will, there is still a possibility of disagreements that could crop up, and you will need the expertise of a deceased estate lawyer to help you navigate the law regarding the settlement of a will. If a loved one has recently passed away and you are unaware of what potential issues you may have to face, read on for a few of the common issues that typically crop up over a deceased's estate.
There is no appointed executor
An executor is essential to a will since they are tasked with ensuring that the deceased's wishes are met. However, in some situations, there may be no executor to carry out this responsibility. Perhaps the deceased overlooked appointing one, or maybe the designated individual has passed away too. In this situation, you could consider two solutions. First, one of the beneficiaries to the estate could be elected to be the executor of the will. Alternatively, if there is no suitable candidate for this position, the court can opt to have a public trustee take up this position.
There are joint executors, and they do not agree
In other situation, the deceased may have appointed joint executors to carry out the will. If these two joint executors do not agree, it can considerably hinder the process of distributing the estate. You could even find in severe cases that the entire process of administering the estate is halted altogether! If the executors re at loggerheads because of misconduct of one executor or if there is a complete an utter lack of communication between the two individuals, the court can order to have one of the executors eliminated from the will administration process. Take note, however, that this process is not taken lightly. The court will have to determine the best interests for all the beneficiaries involved before the testator's choice of executors is intervened with.
The beneficiaries are not in agreement with the executor's resolutions
Although the executor's primary responsibility is making all the decisions pertaining to the estate, their word is not final. If the beneficiaries are not satisfied with how the will is being administered, the beneficiaries have a right to take action against the executor's decisions. There are several reasons why this may lead to the need for a deceased estates lawyer from inequitable distribution of the assets or if the beneficiaries suspect misconduct from the executor.
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