When a loved one passes away, their assets and property are typically distributed according to the terms of their will. Unfortunately, disputes can arise regarding the will or who is entitled to inherit. While grieving the loss of a loved one is difficult enough, navigating a legal dispute can be overwhelming.
You have the legal right to take action if you believe your rights as a beneficiary have been violated or if you intend to challenge the terms of a will. However, you must have a valid reason and proper legal standing to contest a will. An experienced estate planning lawyer can guide you through the process, protect your legal and financial interests, and help negotiate the best possible outcome.
What Are the Responsibilities of an Executor?
Also known as a personal representative or trustee, an executor is responsible for ensuring that a decedent’s estate is administered according to the will or, if there is no will, state intestacy laws. The executor has a fiduciary duty, which means they must act honestly, carefully, and in the best interest of the estate and its beneficiaries.
An executor’s duties include:
- Taking possession of estate property and safeguarding it.
- Obtaining certified copies of the death certificate.
- Making funeral arrangements if necessary.
- Notifying beneficiaries about the estate administration.
- Creating a detailed inventory of estate assets.
- Paying debts, taxes, and expenses of the estate.
- Providing accounting to interested parties.
- Distributing assets to beneficiaries in a timely manner.
If an executor breaches their fiduciary duties—through negligence, mismanagement, or misconduct—beneficiaries may have grounds to sue the executor personally.
What Are the Beneficiaries’ Rights?
As a beneficiary, you have certain rights under probate law. Understanding these rights is essential to ensure you receive your inheritance:
- Timely distribution of assets. You are entitled to receive your inheritance in accordance with the terms of the will or trust.
- Information access. Beneficiaries have the right to information regarding estate administration, including financial statements and actions taken by the executor.
- Challenging or removing an executor. If an executor is not fulfilling their duties appropriately, beneficiaries can petition the court for removal or suspension.
- Fiduciary accountability. Executors must act in the best interest of the estate and beneficiaries.
Who Can Legally Challenge a Will?
Only interested parties can challenge a will. These typically include:
- Children or descendants
- Surviving spouses
- Heirs under state intestacy law
- Creditors with legitimate claims
A valid challenge must be based on recognized legal grounds, such as:
- Lack of Testamentary Capacity: The testator was mentally incapable due to illness, dementia, or the influence of drugs or alcohol.
- Fraud, Forgery, or Undue Influence: The will was manipulated or coerced by another individual.
- Existence of a Later Will: A more recent will may revoke an earlier one.
- Improper Execution: The will was not signed or witnessed according to state law requirements.
- Invalid Provisions: Certain clauses may violate state laws, rendering parts of the will unenforceable.
How to File a Lawsuit Against an Estate
If you have a valid claim against an estate, the following steps are typically involved:
- File a petition or complaint. Submit the appropriate documents to the probate court, outlining your claims and the relief you are seeking.
- Notify interested parties. Provide notice to the executor, all beneficiaries, and any other potential claimants.
- Discovery process. Collect evidence to support your case, including financial records, witness testimony, and estate documents.
- Court proceedings. Present your evidence and legal arguments to a judge at a hearing or trial.
- Court decision. The judge may award financial compensation, modify the terms of a trust, or invalidate a will if fraud or misconduct is proven. Unsuccessful claims may result in legal fees and court costs.
Virginia Beach Estate Planning Lawyers Can Help
If you need to contest a will, hold an executor accountable, or file a claim against an estate, the Virginia Beach estate planning lawyers at Anchor Legal® can provide the guidance and support you need. We understand that these disputes are emotionally challenging and often complicated by grief.
Our experienced legal team can:
- Explain your rights as a beneficiary.
- Assess whether you have grounds to challenge a will or trust.
- Represent you in probate court proceedings.
- Negotiate settlements or pursue litigation if necessary.
By working with skilled estate planning attorneys, you can ensure that your claims are handled professionally and efficiently, protecting your financial interests while minimizing family conflict.
Contact Our Virginia Beach Estate Planning Lawyers at Anchor Legal® to Learn More
Call Anchor Legal® today at 757-LAW-0000 or complete our online form to schedule a consultation. Our Virginia Beach estate planning lawyers provide compassionate guidance during difficult times. We are located in Virginia Beach and serve clients throughout the surrounding areas.