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Sometimes someone contests the way an estate is being handled. When you're the executor, what should you do?

The actions of an executor when an estate is contested depends on what is being questioned. Is the validity of the will being questioned? is the interpretation of a provision of the will being argued? Are the post-death actions of the executor coming into question?

Contested estates completely change the ball game. Even though there can be significant red tape in settling an estate, because you're dealing with estate lawyers, heirs, financial institutions and their lawyers, title companies, judges, and courthouse employees, at least you can get things done when all parties are cooperative.

But when you have an uncooperative heir, or someone who formally contests some estate matter, you often wind up with broken and irreparable relationships, with a significant portion of the estate winding up in the hands of the legal system.

Perhaps, but not always, you can avoid lengthy estate disputes by, early in the process, getting all parties on board with open communication and resolution of issues.

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This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.

Paul Rabalais
Estate Planning Attorney