The process of administering an estate or trust after a death can be a stressful and confusing one. It’s common for the personal representative of the estate, or the trustee of the trust, to seek legal guidance to ensure that they are carrying out their duties in accordance with the law.

It’s less common for heirs and beneficiaries to need an attorney. They typically have few, if any, legal obligations other than to receive distribution of their share of the inheritance. However, there are some situations in which “red flags” arise—signals that something is not going as it should.

When those situations occur, it’s important not to ignore the danger signs. If something is off track, failing to address it could result in a loss to legitimate heirs, and the deceased person’s true wishes not being honored. Here are some of those “red flag” situations, what they mean, and what to do if they happen to you.

Suspicious or Sudden Changes to a Will or Trust

People often update their estate plans, especially around major life changes like the birth of a child or a divorce. But if your deceased loved one changed their will shortly before death, it’s worth a closer look, especially if they were very ill and dependent on one caregiver.

If the changes disinherit expected heirs (like children or grandchildren) and/or benefit a new, unexpected person (like a home aide or distant relative), that’s another red flag. For example, if an elderly widower’s estate plan had always, with minor variations, left his estate equally to his two children, then was changed a month before his death to give the bulk of his estate to his home health care aide, that should raise concern.

What it could mean: Possible undue influence, fraud, or lack of testamentary capacity.

Missing or Mismanaged Assets

Some estates are better organized than others, but if there is a significant amount of property that can’t be accounted for, including bank accounts or investment portfolios, that’s a red flag. While it’s possible that the person managing the estate is disorganized or overwhelmed, these things may also suggest that assets are being improperly sold off or transferred, or that the fiduciary is using estate funds for their own benefit.

What it could mean: Breach of fiduciary duty.

Fiduciary Failure to Communicate

Trustees of trusts and personal representatives of estates are fiduciaries, with an obligation to put the interests of heirs and beneficiaries before themselves. Fiduciaries have certain duties, including management of the estate for the benefit of beneficiaries, inventorying assets, providing periodic reports on the trust or estate, maintaining reasonable communications with heirs and beneficiaries, and making distributions when appropriate.

Fiduciaries need not be at the constant beck and call of the beneficiaries they serve, but the lines of communication should be open. If a fiduciary won’t return calls or emails within a reasonable time, or provide documentation regarding estate assets, income, and expenditures, that is a valid reason for concern and cause to consult an attorney.

What it could mean: Fiduciary misconduct, negligence, or conflict of interest.

Disputes Between Heirs or Beneficiaries

When a loved one dies, many families become united in their grief. But for others, especially where there are already complicated family dynamics, a death—and inheritance—is a catalyst for conflict. Sometimes there’s a dispute between a surviving spouse and the deceased’s children from a previous relationship. Sometimes there’s a dispute between the children of the deceased, or other relatives.

Whatever the strained relationship, it’s worth seeking legal help when family members can’t agree on how to interpret the will or divide assets, or if someone is challenging the validity of the will or trust. Those conflicts often lead to litigation, and it’s important to understand your rights and have your interests represented.

What it could mean: A potential will contest, or the need for probate mediation to preserve family relationships and avoid costly litigation if possible.

Possible Elder Abuse or Exploitation

For decades, it’s been increasingly common for younger family members to move away from their hometowns, which means older relatives may be more isolated, especially if they are frail. That creates a vulnerability, which unscrupulous caregivers, false friends, or others may take advantage of. And while the regular presence of a relative is usually a protection against mistreatment of a senior, it’s undeniable that in some cases, abuse and exploitation are perpetrated by family members themselves.

If your deceased loved one was isolated or dependent in the weeks or months before their death, especially if large “gifts” or transfers to someone unexpected occurred shortly before the death, further investigation is warranted.

What it could mean: Financial exploitation and elder abuse.

The bottom line is that if there is money missing, suspicious estate planning documents, fiduciary secrecy, or escalating family conflict around an estate, you should consult with a knowledgeable estate and trust administration lawyer as soon as possible to protect the estate and your rights.

Work with an Experienced Probate Attorney

Not every red flag in a probate case means that there is misconduct going on, but it’s better to take a closer look with an attorney’s help. If there is no problem, you will have greater peace of mind; if there is a problem, you can address it with your attorney’s help to prevent loss and damaged relationships.

The skilled probate attorneys at Barron, Rosenberg, Mayoras & Mayoras help families navigate the probate process and trust administration with care and compassion. Schedule a consultation today by calling (248) 641-7070 in Michigan or (941) 222-2199 in Florida to learn how we can assist you. You can also use our simple online contact form.