If an estate is heading toward litigation, you're probably going to want to get in front of the situation. This applies regardless of whether you expect to be a plaintiff or defendant. An estate litigation attorney will tell you these 5 signs of trouble indicate a lawsuit may be on the horizon.

Needlessly Long Execution

The execution of an estate can take a long time if there are certain complexities. However, there does come a time when an executor is taking too long. Whether it is by virtue of incompetence or fraud, the executor does owe an explanation to the beneficiaries of the estate. Suing can give you grounds to force an executor to tell the court what is going on. An estate litigation lawyer can also demand discovery of documents attesting to the disposition of the estate so far.

If there is a problem with the process, a plaintiff can ask the court to compel the execution of certain actions. Likewise, a judge may want to replace the executor with a court-appointed administrator.

Disputes Regarding the Will

Parties can dispute which version of a will should cover an estate's execution. For example, a beneficiary might believe that someone had undue influence over the writing of the newest version of the will. Similarly, there can be ambiguous language in the will that requires the court's attention. Oftentimes, litigation is the best way to determine what should be done.

Financial Damages

The administration of an estate includes a fiduciary obligation to preserve as much of its value for the beneficiaries as possible. Suppose a group of beneficiaries believes an executor didn't do enough to keep a house in good condition while it was up for sale. Those beneficiaries have a right to demand financial damages from the executor. Conversely, if you're serving in an administrative role and worried that things might head this way, you may elect to hire an estate litigation attorney to defend your rights and interests.

Procedures

An estate must follow certain procedures, such as posting public notices. Likewise, the executor must make a good-faith effort to find all beneficiaries. If there has been a failure in the process, that is fertile ground for litigation.

Debts and Taxes

Creditors and tax agencies have claims on estates. Under the right circumstances, they can call for an estate into bankruptcy. Notably, nothing can move forward with an estate until these outstanding debts are settled. An estate litigation lawyer can help you to pursue such a case or defend against one.

For more information, contact an estate litigation attorney near you.