What Are Some Common Mistakes That Executors Make?

During estate litigation, some executors think they have absolute power over the estate. They might try to give themselves more assets or punish family members that they don’t like. This isn’t just unprofessional–it’s also illegal. As the executor, you still have to abide by the instructions stated in the will.

Others assume that their attorney will do everything. Your attorney could help you with the case, but you still have to take on certain responsibilities. If you don’t, you’ll stall the proceedings and might end up in legal trouble. You’ll also make it harder for beneficiaries to get their assets.

Similarly, don’t assume that you can do everything without an attorney. If you make a mistake, you might be held liable and have to deal with the legal fallout. In that case, you’ll probably have to hire an attorney anyway. You could save yourself a lot of trouble by talking to an attorney from the beginning.

Do You Have to Take on the Responsibility of Being an Executor?

If you don’t want the responsibility, you don’t have to agree to be the executor. You’re not legally bound to take this position even if your relative mentioned you in their will. Someone needs to deal with the estate as possible, so if you’re not sure if you can handle it, you might want to talk to an attorney as soon as possible. Otherwise, you could face legal issues from stalling the process.

To contest a will, an individual must be what is known as an “interested party.” An interested party is anyone who is named in the will. However, there are a number of other people who may be interested parties as well. If there is a previous will, the people named in that are also considered interested parties. In addition, an interested party is usually any family member, whether or not they are named in the will.

The person who is contesting the will is required to identify the interested parties because they must be notified about the challenge. These individuals have the right to participate in the litigation as well.

There are several reasons family members may want to challenge a last will and testament. One is if they feel the person may have been too incapacitated to make the will. For example, if the person was seriously ill with a condition that affected the brain, they may not have been competent in a legal sense. Another situation is one in which family members believe that someone exerted “undue influence” on the loved one. One common scenario in which this may unfold is with a blended family. The children of a parent who married shortly before dying and changed the will to leave everything to the new spouse might make this allegation. Another common situation is one in which the will is changed to leave the estate to an unrelated caregiver. An attorney may be able to assist in contesting a will and estate litigation.

The more means a person has, the more likely it is that someone will try to take advantage of them. Individuals who are most vulnerable to being preyed upon include disabled persons with memory or health problems, those who are isolated from their families and those who are advanced in age.

An individual with ulterior motives may prey upon these types of people because they’re most easily manipulated. The financial predator may convince the testator to turn over valuable gifts or to name the predator as the estate’s primary beneficiary.

If you notice that a distant relative that your loved one wasn’t particularly close to or a stranger is suddenly listed as an heir of significant assets, then this may be a sign that your loved one was subjected to the undue influence of someone else.

It is even possible for a person with a fiduciary relationship with the testator such as a financial planner to try to coerce the testator into leaving behind something of value to them. A caregiver or friend can exert the same type of control as well.

The best thing that you can do if you suspect that someone exerted undue influence over your loved one is to reach out to an estate litigation attorney in Goldsboro. They can review any evidence of the undue influence that you’ve compiled and let you know what options you have.

What are their chances of prevailing? As with most legal issues, it depends on the situation. But, under certain circumstances, it is indeed possible to legally challenge a will.

Who can contest a will?

Not just anyone can mount a will contest. To have legal standing to contest a will, an individual must have been in line to inherit property if the decedent had died intestate (without a will) or have been a beneficiary under a prior will. Intestate succession laws dictate who will inherit and the order of succession. 

Also, one of four possible grounds for contesting a will must be met:

• Incapacity.  Testators must have the mental capacity to write a will.  If they suffered from dementia or other cognitive conditions that rendered them unable to understand the ramifications of what they are doing, the will could be invalidated.
• Undue influence. If you can prove that the deceased was coerced or tricked into including someone in their will or into disinheriting you, you could prevail in court.
• Fraud. Similar to undue influence, proving fraud can be a tough sell. One possible way is to show that the testator was duped into signing a will, e.g., perhaps they were lied to and told that they were signing off on a property deed or another legal document.
• Improper execution. Wills that don’t conform to North Carolina state laws can be legally challenged.

What can you do?

If you want to challenge a relative’s will or if someone is challenging a will under which you are a beneficiary, the first place to start is discussing the matter with a Goldsboro estate litigation attorney.