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Estate disputes can arise during the emotionally charged time following the death of a loved one. These conflicts often center around the distribution of assets, the actions of the executor, or the legitimacy of a will. Understanding the terminology and potential legal concerns involved can help individuals protect their inheritance rights and ensure the estate is administered fairly. Below, we explore key aspects of estate disputes and the legal remedies available.

Contesting or Challenging a Will

One of the most common estate disputes involves efforts to contest a will or challenge a will. These actions arise when an interested party, such as a family member or heir, believes the will does not reflect the true intentions of the deceased (the "testator"). Legal grounds for contesting a will often include:

• Undue influence, where the testator was pressured or manipulated into changing their will.
• Lack of testamentary capacity, meaning the testator was not of sound mind when the will was created.
• Fraud or forgery.
• Improper execution, such as missing signatures or lack of witnesses.

Protesting a will is a general term sometimes used to describe public or formal objections raised against the contents or execution of a will. Whether formally or informally raised, any challenge to a will must typically be filed within a specific period after probate begins.

Executor Misconduct and Mismanagement

The executor of an estate is legally bound to act in the best interests of the beneficiaries and in accordance with the will. However, executor misconduct is not uncommon. This can take the form of:

• Misappropriation of estate funds: Using estate money for personal expenses or transferring assets improperly.
• Failure to pay debts or taxes.
• Withholding information from beneficiaries.
• Favoritism or self-dealing.

When such behavior is uncovered, beneficiaries may seek legal intervention to remove the executor and hold them financially accountable.

Inheritance Theft and Fraud

Another serious issue in estate disputes is inheritance theft, where someone unlawfully takes property or assets from the estate. This could involve:

• Physical theft of items or funds.
• Forged documents transferring ownership.
• Deceptive acts to disinherit rightful heirs.

Estate fraud and probate fraud are closely related. These terms refer to actions taken to deceive the probate court or alter the rightful distribution of assets, such as submitting a fake will, misrepresenting the value of the estate, or hiding assets from the court and heirs.

Estate Embezzlement

Estate embezzlement occurs when someone with access to estate funds (often an executor or trustee) illegally diverts those funds for personal use. Unlike simple theft, embezzlement typically involves a breach of trust or fiduciary duty. This form of fraud can result in both civil and criminal penalties.

Legal Remedies and Prevention

When faced with estate disputes, it’s important to act quickly. Legal remedies include:

• Filing a petition in probate court to contest a will or remove a fraudulent executor.
• Demanding a formal accounting of estate assets.
• Seeking restitution or damages for stolen or misappropriated assets.
• Criminal prosecution in cases involving embezzlement or fraud.

To minimize the risk of estate disputes, it’s crucial to ensure that wills are regularly updated, properly executed, and stored securely. Appointing a trustworthy and competent executor also plays a key role in avoiding conflict.

McConville Considine Cooman & Morin, P.C. handles a wide variety of civil litigation matters. For estate litigation-related questions, please contact our litigation lawyers: Kevin S. Cooman at (585) 512-3502 or kcooman@mccmlaw.com; or Kristen M. McCormick at (585) 512-3526 or kmccormick@mccmlaw.com.

If you would like to schedule a consultation to discuss creating or updating your estate planning, please contact our estate planning attorneys: Daniel S. Williford at 585-512-3511 or dwilliford@mccmlaw.com;  Spencer C. Malone at 585-512-3550 or smalone@mccmlaw.com; or Michael F. McConville at 585-512-3517 or mmconville@mccmlaw.com.

This publication is intended as an information source for clients, prospective clients, and colleagues and constitutes attorney advertising. The content should not be considered legal advice and readers should not act upon information in this publication without individualized professional counsel.

About MCCM

McConville Considine Cooman & Morin, P.C. is a full-service law firm based in Rochester, New York, providing high-quality legal services to businesses and individuals since 1979.  With over a dozen attorneys and a full paralegal support staff, the firm is well-positioned to right-size services tailored to each client. We are large enough to provide expertise in a broad range of practice areas, yet small enough to devote prompt, personal attention to our clients.

We represent a diverse range of clients located throughout New York State and New England.  They include individuals, numerous manufacturing and service industry businesses, local governments, and health care professionals, provider groups, facilities and associations. We also serve as local counsel to out-of-state clients and their attorneys who have litigation pending in Western New York courts.  For more information, please contact us at 585.546.2500.