Common reasons why there are fights in probate
Most families hope things will go smoothly when a loved one passes away. They expect that the Will, the law, and basic fairness will guide the process. But in many estates across Kansas City, Blue Springs, Overland Park, Independence, Liberty, and the Northland, probate doesn’t always go as planned.
When heirs disagree—or when someone thinks they were treated unfairly—probate can quickly turn into a contested legal battle. Understanding what causes these disputes can help families prepare, respond, or even prevent problems before they grow.
Here are the most common causes of probate disputes and how they typically unfold.
1. Family Members Disagree About the Will
One of the biggest misunderstandings is thinking that if someone left a Will, the family won’t end up in court. In reality, Wills are challenged all the time.
Heirs may dispute a Will if they believe:
The person was pressured or influenced by someone
The person was not mentally capable when signing
The Will was changed late in life under suspicious circumstances
A newer Will exists
Someone intentionally left out a child, spouse, or relative
In Missouri and Kansas, these types of disputes are especially common among blended families, adult siblings, and second marriages. For example, a child may challenge a Will that leaves everything to a new spouse, claiming dad didn’t understand what he signed.
2. No Will at All (Intestate Estates)
If there’s no valid Will, the estate is distributed according to Missouri or Kansas intestacy laws. That rarely matches what the deceased person actually wanted.
This often leads to fights when:
Adult children don’t want to share with a step-parent
Estranged relatives resurface and expect a share
Unmarried partners are left out completely
Half-siblings claim equal rights to full siblings
For example: If someone dies in Kansas City without a Will but leaves behind children from a prior marriage and a surviving spouse, both groups may disagree about what portion of the house, bank accounts, or life insurance is truly theirs.
3. Someone Questions the Executor or Administrator
Even when everyone agrees who should be in charge, things can still go wrong. And when they do, heirs don’t hesitate to challenge the personal representative.
Typical complaints include:
Failure to communicate with beneficiaries
Delays in handling the estate
Selling property without approval
Mismanagement of money
Conflicts of interest
A sibling may accuse another sibling of “taking over” the estate or hiding information. Once those accusations start, probate can easily become adversarial.
4. Hidden, Missing, or Misused Assets
Nothing creates tension faster than uncertainty about money.
Common property disputes include:
Missing bank accounts or investment funds
Vehicles or valuables “taken” before probate starts
Joint accounts added late in life
Questions about beneficiary designations
Disappearing household items
Gifts made shortly before death
It’s not unusual for someone to accuse another heir of withdrawing money “before mom died” or using a power of attorney for personal gain. That kind of allegation can quickly lead to a discovery of assets proceeding.
5. Unequal Treatment Among Heirs
Even if the Will is valid, unequal inheritances can cause bitter conflict.
Situations that often trigger disputes:
One child inherits the family home
A sibling was added to an account before death
Stepchildren and biological children are not treated equally
One heir received “advances” or gifts during life that others didn’t
If mom left everything to one child or favored a caregiver over her adult children, the others may contest the Will—especially if they believe elder influence occurred.
6. Second Marriages and Blended Family Dynamics
Modern family structures often lead to complicated probate issues. When someone remarries and has children from a previous relationship, it’s common for surviving spouses and stepchildren to disagree on what is “fair.”
Conflicts often arise over:
The house
Retirement accounts
Life insurance
Sentimental items
Who should serve as executor
Probate courts in both Missouri and Kansas regularly see divorces, remarriages, half-siblings, guardianships, and nontraditional households play out in estate disputes.
7. Lifetime Transfers and “Unfair” Changes
Some of the hardest cases involve property given or transferred before death. Heirs may allege fraud, coercion, or undue influence when late-in-life changes occur.
Examples include:
A new Will signed shortly before death
A caregiver added to a bank account in Liberty or Shawnee
A child moved into joint ownership of the house in Grandview
A family member named on a transfer-on-death deed without others knowing
When families believe someone “took advantage” of their loved one, they often file challenges to unwind those transfers.
8. Lack of Communication
Most probate disputes don’t start as legal battles—they start as emotional ones. When family members feel left out of the process or suspect they’re not getting the full story, resentment grows quickly. Often, lawsuits are filed not because someone wants to fight—but because they don’t feel informed.
That’s why many personal representatives in Kansas City hire probate attorneys to handle communication clearly and fairly with all heirs.
What Happens When Probate Is Contested?
When a dispute is filed, the probate court won’t move forward until the issue is resolved. Depending on the case, this can lead to:
Mediation
Hearings
Formal discovery
Removal of the executor
Court-ordered accountings
Trials over the Will’s validity
A contested estate in Jackson County or Johnson County can take months—or even years—to resolve.
Final Thought
Even families that get along can end up in conflict when probate starts. Money, grief, fear, and old wounds can turn small issues into big ones.
The best way to reduce risk is to involve an experienced probate attorney early—whether you’re the executor or an heir who has questions about your rights.
Legal Disclaimer
This blog post is for informational purposes only and does not create an attorney-client relationship. The information provided is general in nature and may not apply to your specific situation. For legal advice about probate or inheritance disputes in Missouri or Kansas, please contact a licensed attorney.