Some probate litigation begins because there are concerns about the estate planning paperwork. Families can contest a will in specific scenarios that raise questions about the validity of the document.
Occasionally, probate litigation occurs because beneficiaries or family members take issue with how a personal representative has managed the estate. In cases where it is clear that a personal representative has breached their fiduciary duty, those hoping to inherit from the estate may not be able to replace the personal representative.
What is a breach of fiduciary duty?
Personal representatives are subject to the highest possible legal standard of obligation to others. They have a fiduciary duty to the people receiving property from the estate as beneficiaries or heirs. Their duty requires that they put the best interests of beneficiaries above their own wishes.
They have an obligation to competently manage assets to optimize what beneficiaries receive whenever possible. They should avoid any conflicts of interest or misappropriation of resources. A breach of fiduciary duty can be intentional. Embezzlement, or the theft of resources from the estate, is a clear breach of fiduciary duty.
Personal representatives can also breach their fiduciary duty through incompetent asset management or inaction. If they fail to do what they should during estate administration or if their choices diminish the value of the estate, interested parties can file a lawsuit seeking to remove them and replace them with someone else.
Consulting with an attorney about concerns about estate administration can help families determine if removal proceedings are the right option. Probate litigation is sometimes the best way to preserve the assets in an estate and uphold the true wishes of the person who died.
