How Estate Litigation Impacts Family Relationships and Assets

A dispute over a loved one’s estate can be especially difficult when it involves relatives, inheritance rights, and financially or personally significant property. You may wonder whether a will or trust reflects your loved one’s wishes, whether someone handling the estate acted properly, or what you can do when family members disagree about what should happen next. 

At the Law Offices of Julie A. Schejbal, CHTD, based in Dunkirk, Maryland, we help clients address estate litigation involving wills, trusts, beneficiaries, fiduciaries, and estate administration. We can review the dispute, explain your rights and legal options under Maryland law, and represent your interests as you seek a resolution. Contact us today to schedule a consultation. 

Estate Litigation Can Strain Family Relationships

An estate dispute can strain your relationship with family members because you may disagree about what your loved one wanted or how the estate should be handled. You may believe a will does not reflect your loved one’s true wishes, while another family member may believe it does. 

For example, suppose one of your parents changed their will shortly before death and left most of the estate to one person. You may question whether your parent understood the change or whether someone pressured them to make it. 

In Maryland, an interested person may challenge a will or codicil, which is a document that changes a will. This challenge is called a caveat. Grounds can include lack of testamentary capacity, meaning the person lacked the mental ability required to make a valid will, as well as undue influence or fraud. 

Once the dispute becomes a legal case, you and your relatives may have to take opposing positions and provide evidence to support your claims. This can deepen the disagreement and make it harder to preserve your family relationships. 

Estate Litigation Can Delay the Distribution of Assets

Estate litigation can delay when you receive property from an estate. According to Maryland Courts, an estate may take longer to close when it is involved in litigation. 

Maryland law generally requires a personal representative to settle and distribute an estate as quickly as reasonably possible without unnecessarily reducing its value. However, disputes over whether a will is valid, who has a right to certain property, or how the estate is handled can slow the probate process. 

For example, if you challenge a will, you may need to resolve the dispute before you can receive property affected by the challenge. In Maryland, you generally have six months after the will appoints a personal representative to file a verified petition challenging it. A different deadline may apply if another will is later offered for probate. 

Estate litigation does not automatically stop the distribution of every asset. You may still receive property that is not affected by the dispute. However, if the case involves your right to certain property, you may have to wait until the court resolves that issue before receiving it. 

Estate Litigation Can Increase Legal and Estate Expenses

Estate litigation can add to the costs of administering an estate. Maryland courts recognize attorney’s fees and costs for appraising or preserving property among the expenses that may arise during estate administration. 

Maryland law also allows reasonable compensation for legal services provided to an estate or its personal representative. In addition, a personal representative, or someone nominated to serve as one, may be reimbursed from the estate for necessary expenses when pursuing or defending a legal proceeding in good faith and with just cause. 

That does not mean the estate automatically pays every beneficiary’s litigation expenses. Who pays a particular expense depends on the type of proceeding, the person’s role, and applicable law. When litigation expenses are paid from estate property, they can reduce what remains after the estate pays expenses, debts, taxes, and other obligations. 

We can review your estate dispute and explain how the legal issues may affect estate administration. We can also help you weigh the potential costs and benefits of pursuing or defending a claim before deciding how to proceed. 

Estate Litigation Can Complicate the Management of Assets

Estate property may still require attention while litigation is pending. Real estate may need insurance, maintenance, an appraisal, or preparation for sale. Other property may need protection or management until it can be distributed. 

Maryland law treats a personal representative as a fiduciary, meaning the representative has legal responsibilities when managing the estate. The personal representative must consider the interests of interested persons and creditors and settle and distribute the estate as quickly as reasonably possible without unnecessarily sacrificing its value. 

A dispute can complicate decisions about whether to keep, sell, or distribute affected property. The estate may also continue to incur necessary expenses to maintain, manage, or protect property while the dispute remains unresolved. 

Some estate litigation directly determines who has a right to property. For example, an interested person may challenge a Maryland will or codicil, a legal document used to change or add to an existing will, on grounds such as lack of testamentary capacity, undue influence, fraud, or other legally recognized grounds. If no valid will governs the probate property, Maryland intestacy law determines which relatives are legally entitled to inherit after the estate pays expenses, debts, taxes, and other obligations. 

Trust disputes can also affect who receives property. If a trustee breaches a legal duty owed to a beneficiary, Maryland law allows a court to order remedies such as requiring the trustee to pay money or restore property, provide an accounting, or, when appropriate, suspend or remove the trustee. A court may also allow improperly transferred trust property or its proceeds to be recovered in certain circumstances. 

Deadlines can affect whether you can pursue a claim. Maryland sets a deadline for challenging a trust that was revocable when the person who created it died. A challenge generally must begin by the earlier of one year after that person’s death or six months after the trustee provides the information and notice required by law. 

Because an estate or trust dispute can affect your inheritance rights, review the governing documents, available evidence, and applicable deadlines. Our estate litigation lawyer, Julie Schejbal, can assess these issues under Maryland law and help you determine how to pursue or respond to an estate or trust claim. 

Get Legal Help With an Estate Dispute in Maryland 

Estate litigation can affect more than the outcome of an inheritance dispute. It can strain family relationships, delay distributions, increase expenses, complicate property management, and determine who ultimately receives certain assets. Understanding these consequences can help you make informed decisions when a dispute arises. 

At the Law Offices of Julie A. Schejbal, CHTD, in Dunkirk, Maryland, we assist clients with estate litigation involving wills, trusts, beneficiaries, fiduciaries, and estate administration. We represent individuals and families throughout Calvert County, Prince George’s County, Charles County, and St. Mary’s County. We can evaluate the dispute, explain your options under Maryland law, and represent your interests as you seek a resolution. Reach out today to discuss your estate litigation case.