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PROBATE LITIGATION COULD RESULT IF EXECUTORS DO NOT HANDLE DUTIES

Law Office of Mary Alice Gwynn, PA Aug. 27, 2019

Many families have their fair share of disputes. In some cases, those disputes can be even more difficult to handle when they relate to distributing a deceased loved one's assets. Even with instructions left behind that relate to how the distribution should occur, problems could arise that lead to probate litigation.

In some cases, the issues that Florida residents face could relate to how the executor is handling his or her duties. For instance, if an estate is split evenly between surviving children, some assets may need to be sold in order for the proceeds to be split equally. However, if the executor does not sell the assets, such as a house, the heirs may wonder when they will be able to collect. Unfortunately, these delays could cause further difficulties.

In many cases, parties who are displeased with the manner in which the executor is handling the necessary duties need to seek legal advice. If the executor is purposefully causing delays, the heirs may need to have a court step in to ensure that the executor completes the duties as required or is replaced with someone who will. Taking such action may seem burdensome, but it could be necessary to prevent further delays.

If Florida residents have concerns about how their loved ones' estates are being handled, it is typically smart to assess the situation and determine what to do before it gets out of hand. If the issues revolve around the executor not acting appropriately, probate litigation may be necessary. Concerned parties could discuss these issues with local attorneys for useful insight.