Probate litigation can occur for numerous reasons. Outside parties, including creditors, might take legal action against an estate for failing to fulfill responsibilities. Family members or beneficiaries might sue when they question the validity of estate planning documents.
Litigation can also occur in cases where beneficiaries or families take issue with the job performance of a fiduciary. The personal representative of an estate or the trustee overseeing the administration of a trust is in a position of fiduciary duty. They have an obligation to act in the best interests of beneficiaries.
In some cases, family members or beneficiaries may try to initiate probate litigation to remove a fiduciary from their position. What circumstances justify challenging a trustee or personal representative?
Failing to fulfill responsibilities
Sometimes, the individual nominated in trust documents or a will does not take appropriate steps to fulfill their responsibilities after an individual passes. Inaction and delays can diminish the value of the estate or trust. In scenarios where personal representatives fail to initiate probate proceedings, do not secure assets or otherwise fail to fulfill the basic responsibilities that come with estate or trust administration, beneficiaries and others with an interest in the estate can potentially initiate legal action to remove them from their position.
Engaging in misconduct
Occasionally, people tasked with estate or trust administration overtly violate their responsibilities. They embezzle or refuse to follow the instructions provided by the testator or trust creator. In scenarios where families can credibly claim that a trustee or representative breached their fiduciary duty, they can potentially ask the probate courts to remove that person from their position. A scenario in which a fiduciary harms the estate or trust could provide grounds for their removal.
Becoming incapable partway through the job
Sometimes, an individual initially performs their responsibilities well but then experiences issues that interfere with their ongoing work. Medical emergencies, personal financial hardship and pending criminal charges are among the scenarios in which a previously well-qualified individual may no longer be capable of effectively administering a trust or an estate.
Those pursuing probate litigation to remove a trustee or personal representative typically need evidence supporting their allegations of inaction, misconduct, incompetence or incapability. Reviewing issues with trust or estate administration can help people gauge whether or not legal action might be an option given their circumstances.