1.  Poor Communication with Heirs and Beneficiaries.

Failing to communicate effectively with everyone who has an interest in the estate understandably leads to feelings of frustration, or
that the personal representative has something to hide.  Heirs and beneficiaries who feel they are being ignored or kept in the dark
can hire attorneys to intervene in the case, request supervised administration or formal closing proceedings, and demand
accountings.  This greatly increases the costs of administering the estate, not to mention the damage that occurs when family
members are sitting across from each other in a courtroom.  It is best to thoroughly explain the probate process to everyone who
has in interest in the estate at the beginning, and to give them regular updates on progress being made.  It is better to error on the
side of giving too much information.

2.  Unrealistic Expectations.  

It is easy to have unrealistic expectations about how much the estate is worth, or how soon heirs will get their property.  Everyone
with an interest in the estate should be given an honest, conservative estimate of the estate’s worth and how long it will take to
complete the probate case as early as possible.   Answer questions, and be willing to share information.   The mantra of the
personal representative should be to under-promise and over-deliver.

3. Poorly Written Wills and Trusts.  

Wills that are vague, contradictory, capable of being interpreted more than one way, incomplete or contain provisions that are a
surprise to the decedent’s heirs are all sources of conflict.   When confronted with this problem, the personal representative and the
estate’s attorney should explore early on if the family can reach an agreement on their own.  A professional mediator can be hired if
there is a lot at stake.  If no agreement can be reached, a Petition for Instructions, asking the court to clarify what the will means or
how it should be applied can be filed.  The petition should state what the problem with the will is, what the personal representative’s
proposed solution is, and request that the court settle the matter.   This makes the offending document--and not the personal
representative--the lightning rod in the dispute.  It is important to identify and deal with these problems as early and expeditiously as
possible before they evolve into a protracted and bitterly contested estate.

4.  Distributing Property Too Soon.

Serious problems can occur if the personal representative distributes too much property from the estate too soon and is later faced
with not having enough cash left to pay taxes, debts and other expenses.  A balance should be struck between the financial needs of
the estate and the desire of the beneficiaries to be paid as soon as possible.  Good communication with the heirs and beneficiaries is
essential.  

When Disputes Do Arise.  

Sometimes conflicts are unavoidable.  When problems are foreseeable, it may be advisable to request some combination of a formal
opening and closing and supervised administration of the estate.  This reduces the liability of the personal representative and gives
the appearance that her actions have been ratified by the court.  The services of a professional mediator should be considered as an
alternative to a court trial.  Often the real cause of disputes have nothing to do with the estate, but are personal family issues that
have been ongoing for many years.  Everyone involved in a contested estate should therefore maintain realistic expectations about
the result that can be obtained from a probate judge.
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All Content Text and Images © 2007 by Jon Lewis Kelly, PC
Sand Canyon, Canyon of the Ancients, Colorado
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