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The death of a loved one is often an emotional and challenging time. In the midst of grieving, it’s not unusual for arguments over inheritances to start, especially when someone believes a will doesn’t accurately reflect the deceased person’s intentions. There are...
The beneficiaries of a trust receive distributions based on the instructions of the grantor. Trustees have a duty to follow the instructions in trust documents and to make appropriate distributions to beneficiaries. They should act in the best interests of...
Placing an aging parent into a long-term care facility is an emotional decision rooted in trust. Families rely on these skilled nursing facilities to provide compassionate medical supervision. Sadly, while many caregivers honor their duties, nursing homes also harbor...
A family gathers for the reading of a will. Tensions rise. Someone stands up to contest the document. This scenario plays out in courtrooms across the country every day. Estate challenges represent one of the most emotionally charged areas of law. Disputes over...
Executors deserve to be compensated for their work, but that compensation is not unlimited or immune from scrutiny. When fees start to look excessive or unsupported, you may have the right to challenge that in probate court. Disputes over executor compensation are...
A no-contest clause can raise the stakes if you think a will or trust is invalid. In California, though, that clause does not block every claim and it may not apply if you have probable cause. Start with the real risk California limits when no-contest clauses can be...
When people create estate plans, they should have total control over the terms that they set. Unfortunately, other people may feel a sense of entitlement to their resources. Those people may try to trick, coerce or manipulate a testator into making estate planning...
Undue influence can have a dramatic impact on how an estate is distributed. It may mean that the wishes expressed in a person’s will do not actually align with what they wanted because they were manipulated into making those changes. It is important for family members...
Conflicts between estate planning documents are more common than many people realize, as plan documentation is frequently created or updated at different times. For example, in California, questions and conflicts often arise about what happens if a will says one thing...
Probate disputes sometimes arise because there are questions about the legitimacy of estate planning documents. Other times, people may worry about the conduct of a personal representative or trustee. In some cases, documents are valid, and personal representatives...