When a loved one passes away, emotions can run high. This stress often leads to conflict among relatives when settling the estate. In Maryland, disagreements over an estate can slow down the division of assets. These fights can also lead to high legal costs and hurt family relationships. Understanding how Maryland law handles these issues helps beneficiaries and personal representatives navigate complex probate challenges.
Challenging a will in court
When family members doubt that a will is valid, Maryland law allows them to legally challenge the will. An interested person, such as an heir or family member, can file a petition to caveat the will. Common grounds for challenging a will include lack of testamentary capacity, fraud, undue influence or improper signing. Under Maryland law, this must usually happen within six months of appointing a personal representative. Filing this challenge will pause the handing out of assets while the court checks the document.
Disputes over the personal representative
Arguments often happen regarding the person in charge of the estate. Family members might feel the representative is moving too slowly or mismanaging property. Under Maryland law, an involved person can ask the court to remove them for failing to act in the estate’s best interest. If family fighting makes it impossible to move forward fairly, the court may choose a neutral third party to take over.
Real estate conflicts and settlement solutions
Disagreements often center on real estate, such as a family home. When co-heirs inherit real property together and cannot agree whether to sell or keep it, any co-owner can request a court-ordered sale through a Circuit Court petition. Alternatively, families can avoid full litigation by negotiating formal written settlement agreements subject to court approval.