Not all probate procedures end well. Some people have to deal with difficulties either because suitable preparations weren’t made or because problems appeared out of the blue during the probate process. This blog post examines several difficulties that may arise when administering an estate and how a Pennsylvania probate lawyer might be of assistance.

Will dispute

In Pennsylvania, a will is challenged when a party who is not satisfied disputes the will’s terms or legitimacy. When a concerned party suggests fraud, mental infirmity, the improper influence of the deceased, or the will doesn’t meet specific standards for validity, will contests may result, which is where a probate lawyer can assist.

Challenges paying off debtors

Creditors of the deceased may present their claims through probate. As applicable, the executor or estate administrator is in charge of paying off these creditors with estate funds. The challenge is determining who is a legitimate creditor and who is a scammer trying to reap what they have not sown. A probate attorney in Pennsylvania can assist you in skillfully responding to creditors and their claims.

Dispute regarding the estate’s worth

Having no idea how much the estate is worth might also cause issues. The executor might not submit the estate tax return form promptly because he was unaware there would ever be an estate tax. And that’s probably because they needed to properly evaluate the estate to see if it exceeded the exemption limit for estate taxes. Therefore, it is crucial to accurately determine the estate’s value and tax obligations with the help of a probate attorney.

Insufficient funds to pay taxes and creditors

Settling debts for those who passed away with significant debts could be difficult during the probate process. The debts could be so massive that there aren’t enough assets in the estate to pay them off while also paying estate tax, probate fees, and distributing to beneficiaries. There is always a claim that has priority in such circumstances, though. The executor must fulfill some financial responsibilities before sequentially settling the other debts.

Litigation involving estates and probate

When one party sues another over an issue that emerges during probate, probate and estate litigation results. These are court proceedings involving various issues, such as guardianships, will challenges, accusations or denials of allegations that an executor fails to uphold their fiduciary duties, etc. The parties in question must retain a probate attorney to represent them in court.

Claims that there is a newer will

Concerned parties who claim there is a newer will than the one being probated may also cause issues. According to the law, only the decedent’s original LAST will can be considered legal. Any will present in court later determined to have been superseded by another one must be rejected. When such claims occur, the court must decide which will is the most recent.

The bottom line

If you are an executor and lack experience handling probate issues, enlisting the professional counsel of a probate attorney in Pennsylvania will prevent unneeded hassles.