Senior Associate
Families often expect probate to move smoothly, but disagreements can arise quickly when multiple heirs have different expectations about property, money, or a personal representative’s decisions. Disputes often arise over how assets should be distributed, whether a will is valid, or whether a fiduciary has acted properly. This blog explains how these disputes typically unfold in Massachusetts probate court, why mediation can help reduce conflict, and what heirs should know about fiduciary duties and contested proceedings.
Common Sources of Conflict Between Heirs
Probate disputes tend to appear in a few predictable situations. When families understand the typical pressure points, they are often better prepared to address tension earlier.
Personal Representative Decisions
Personal representatives carry significant responsibility and must follow strict legal standards. Disputes often develop when heirs think the personal representative has mishandled important responsibilities, including:
- Selling real estate
- Distributing personal property
- Managing debts and taxes
- Communicating key updates
Massachusetts law requires personal representatives to act with honesty, reasonable care, and loyalty to the estate. When heirs believe a personal representative is making unreasonable decisions or withholding information, probate judges can review the conduct and, in serious situations, remove the personal representative.
Disputes Over Asset Distribution
Even when a will is clear, heirs may disagree about the value of property or whether distributions are fair. Common examples include:
- Questions about whether sentimental items were promised verbally
- Disputes over how real estate should be handled
- Concerns about uneven gifts before death
- Accusations that one heir influenced the decedent’s decisions
Because probate is governed by Massachusetts statutes and the terms of the will, disagreements often become legal issues rather than personal ones. Clarifying rights early can prevent long-term conflict.
Contested Wills
A will may be contested if an heir believes:
- The decedent lacked capacity
- Someone exerted undue influence
- The will was not properly signed or witnessed
- A newer will exists
Massachusetts courts take these claims seriously. Contesting a will requires evidence and strict adherence to probate timelines. When handled incorrectly, a challenge can delay distributions and increase costs for everyone.
When Mediation Can Reduce Conflict
Mediation is often one of the most effective tools for resolving disagreements during probate. It allows heirs to voice concerns in a controlled environment while focusing on solutions rather than arguments.
We often recommend mediation when:
- Personal property is the primary source of disagreement
- Heirs want to preserve relationships
- The cost of litigation would exceed the value of the dispute
- Communication has broken down between family members
A mediator helps structure conversation, clarify misunderstandings, and encourage settlements that work for everyone involved. While mediation is not required in Massachusetts probate court, judges frequently encourage it because it saves time and reduces emotional strain.
Understanding Fiduciary Duties in Massachusetts
Personal representatives and administrators are fiduciaries, which means they must place the estate’s interests above their own.
Key fiduciary responsibilities include:
- Keeping accurate financial records
- Communicating with heirs in a timely manner
- Managing assets responsibly
- Avoiding conflicts of interest
- Following the will and Massachusetts probate law
If you believe a personal representative is acting improperly, the court can require the personal representative to provide a full accounting of all actions taken. Judges may also order corrections, surcharges for losses to the estate, or appoint a successor if needed.
How Probate Court Addresses Disputes
When informal discussions and mediation do not resolve disagreements, the probate court becomes the decision-maker.
Key parts of the process include:
1. Filing a petition
Heirs or interested parties can petition the court to address disputes such as removing a personal representative, contesting a will, or settling disagreements over asset distribution.
2. Evidence and hearings
The court reviews documents, testimony, accountings, and expert evaluations if needed. Judges focus on the decedent’s intent and compliance with Massachusetts law.
3. Court orders
After reviewing the evidence, the judge may issue orders resolving the issue. These can include approving distributions, enforcing fiduciary duties, or determining the validity of the will.
Because the court process can be slow, many families choose to resolve issues privately first. However, when legal rights must be protected, probate litigation becomes necessary.
Keeping Family Tension Manageable
Emotions run high when families deal with loss and legal decisions at the same time. You can make the process smoother by:
- Asking for clear updates from the personal representative
- Keeping written records of concerns
- Focusing on legal rights rather than personal disagreements
- Considering early mediation when discussions become difficult
The goal is not only to settle the estate properly but also to reduce long-term strain on family relationships.
A Steady Approach When Your Family Needs It
We help families work through probate disputes with clear explanations, steady communication, and a focus on the outcome that makes sense under Massachusetts law. If you are facing conflict with other heirs, reach out to LaFountain & Wollman, P.C., so we can guide you through your next steps.