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Adults typically have the right to establish estate plans as they see fit. They can choose who inherits their property and what resources they allocate to each beneficiary. However, sometimes people may question whether an estate plan is truly the creation of a...
Wills are meant to leave instructions for the creator’s final wishes, but there are times when the loved ones who are dealing with the estate have a reason to believe that the will isn’t valid. That can trigger a challenge to the will. This is a serious matter that’s...
Are you worried about your trustee's performance? Many people find themselves in situations where they need to consider removing a trustee. Let us explore three key signs that indicate it might be time to take action. The role of a trustee A trustee is someone who...
There are numerous scenarios in which people may question the actions of an executor or personal representative. They might make decisions that enrich themselves at the expense of beneficiaries. Other times, they might prove incompetent when managing the assets...
Most executors do a decent enough job; some drag their feet and a few turn the entire process into a disaster. If you are staring at missed deadlines, suspicious accountings or an executor who seems more interested in protecting themselves than honoring the estate,...
Will contests are one of the most common forms of probate litigation. Family members and beneficiaries of an estate may have questions about the validity of the documents in several different scenarios. Sometimes, their concerns stem from a belief that the testator...
A testator (the person who drafts a will) must have sufficient mental capacity. They must understand the nature of the testamentary act (that they are drafting a will), be aware of the nature of their assets and know their relations to the beneficiaries and those who...
Trusts are powerful tools for securing financial futures, but they can also become sources of conflict if not carefully managed. Understanding trust litigation is essential for those currently involved in disputes. A basic understanding is also helpful for anyone...
The ability to challenge the legality of a trust through litigation is no easy matter. Those who wish to move forward must meet many legal criteria. One of the first is establishing legal standing. Without proper standing, a challenge cannot move forward. A recent...
If your parent’s will names only some of their grandchildren as beneficiaries, this reality can understandably inspire questions, confusion and – possibly – family conflict. A grandchild who has been left out and parents of a grandchild who have been excluded may,...