Inventory of Estate Assets and Probate on documents

Losing a loved one is always challenging for surviving family members. The process can become even more difficult when legal issues arise, leading to probate disputes. Probate disputes can involve challenges to the validity of a will or trust, problems with the estate executor’s actions, and problems with the distribution of assets.

If you are facing a probate dispute, the knowledge of your legal rights can be a source of empowerment. Speaking to an experienced attorney can help you gain this understanding. At Palmer & Slay, PLLC, we provide strategic legal counsel tailored to our client’s unique situations. Our estate planning attorneys have extensive experience helping clients navigate a wide range of probate disputes in Mississippi.

Probate Disputes Challenging the Validity of a Will

Mississippi recognizes the right for individuals to create a last will and testament. A person’s will should clearly state how they would like their assets to be distributed and to whom. Challenges related to a person’s will are some of the most common types of probate disputes. A surviving family member cannot challenge a will simply because they think it’s unfair or disagree with who will receive their loved one’s assets. However, they can challenge a will on the grounds that it is not legally enforceable.

For example, if the person who made the will, also called the testator, was not of sound mind when the will was executed, the will can be invalidated. The person challenging the will need to provide evidence that the testator was not fully capable of appreciating or understanding what they were doing, such as an elderly person who may have cognitive challenges stemming from dementia.

A person could challenge a will by claiming it was the product of someone else unduly influencing the testator. They may claim the will is invalid because it was fraudulently made, made under duress, or made by mistake. Someone could challenge a will because the requirements for creating a will under Mississippi statute have not been met. There may be duplicate wills, creating confusion as to which will is enforceable, or there may be concerns that the will is a forgery that was altered without the testator’s knowledge and consent.

Challenges to an Estate Executor’s Actions

Some probate disputes do not involve a legal document, such as a will, but the executor of the estate. Most people appoint an executor by will. Executors have a fiduciary duty to carry out the deceased individual’s wishes, as stated in their last will and testament. 

When the executor has been accused of breaching their fiduciary duty, the interested party has the right to file a claim asking the court to have them replaced. The executor could also be held liable for any losses the beneficiaries experience. Some of the most common examples of breaches of fiduciary duty include the following:

  • Acting in a self-serving manner
  • Showing one of the beneficiary’s bias by making favorable decisions on their behalf
  • Mismanaging the assets in the estate
  • Failing to administer the estate as required by the will and under Mississippi laws
  • Commingling personal assets with the estate assets

It’s important to note that challenges to the estate executor can be both costly and time-consuming. However, they can be necessary when executors do not fulfill their obligations. This underscores the importance of seeking legal counsel promptly to avoid unnecessary delays and expenses.

Probate Disputes Involving Inheritance Rights

Probate disputes may involve disagreements over who should inherit the assets in the deceased individual’s estate. A common reason for disputes involving inheritance rights involves an unclear will or estate plan. The will may not have clearly stated which beneficiaries should inherit which types of property and assets. The wording may be confusing and create conflict between family members.

For instance, if a parent leaves their house to all of their adult children equally but doesn’t specify how the property should be divided, it can lead to potential disputes. This highlights the importance of clear instructions in wills to avoid such conflicts and encourages potential clients to review their estate plans.

Probate Mediation

When disputes among family members arise, pursuing mediation can be an effective process. The purpose of mediation is to resolve disputes before they lead to costly litigation in a probate court. Through mediation, the parties involved work with a neutral mediator to try to come up with a resolution that is fair and acceptable for everyone involved. If you decide to pursue mediation, working with an attorney who can represent your best interests is still important. The attorneys at Palmer & Slay, PLLC have extensive experience using the mediation process to help our clients resolve probate disputes.

Probate Litigation Attorneys in Mississippi

However, mediation may not be an effective solution in your case. One party is not willing to move toward a solution, and a stalemate occurs. In those cases, litigation may be the only way to fairly a probate dispute. If the dispute moves to litigation, having an experienced attorney is crucial. 

At Palmer & Slay, PLLC, our trial-ready attorneys treat every case with the utmost dedication. We are prepared to pursue the best outcome for your case according to your goals. When you work with our legal team, you can rest assured that we will use our resources, experience, and knowledge of Mississippi laws to provide excellent legal counsel. 

Contact Our Probate Dispute Attorney in Mississippi

Probate disputes can be challenging for many reasons. There are usually many emotions involved, as well as grief over a loved one who has passed away. Probate disputes can become complex and costly, preventing the deceased individual’s estate from being finalized. 

Hiring the right legal representation to help you resolve any probate disputes that arise as efficiently and painlessly as possible is crucial. If you’re involved in a probate dispute in Mississippi, don’t hesitate to contact Palmer & Slay, PLLC, to schedule a case evaluation and learn how we can help you navigate the dispute.

Palmer & Slay, PLLC, assists clients within Mississippi, including Scott County, Rankin County, Brandon, Flowood, East Jackson, and beyond.