Regardless of the relationship among beneficiaries when the testator (the person who drafts a will) is alive, conflicts can arise after death. Siblings who are on good terms may disagree once the will takes effect. Below are three common factors that can contribute to...
Results-Oriented: Creative, Strategic And Skilled Legal Techniques
Year: 2024
What to do if you think the executor is mismanaging the estate
Estate executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries. This means handling the estate assets responsibly and according to the decedent’s wishes. However, not all executors discharge their duties by the book. Some red...
Can you recover stolen or misappropriated funds from a trustee?
Trustees hold a vital position of responsibility and must act in the best interests of the beneficiaries. However, what happens when this trust is broken, and funds are misappropriated or stolen? An event like this can be incredibly frustrating to you and your family,...
Can you contest a power of attorney for agent misuse?
Does something seem suspicious about the use of a power of attorney (POA) that is supposed to protect a loved one? Unfortunately, misusing the authority these documents grant happens more than you might imagine. If you are concerned that power of attorney abuse or...
What does elder abuse look like?
Elder abuse is far more widespread than many people realize. It’s estimated that as many as one out of five seniors have experienced elder abuse in recent years. However, only one out of every 24 cases is actually reported. Elder abuse can be either intentional or...
When an executor breaches their fiduciary duty
Wills are a pivotal part of estate planning. However, so too are the people involved in implementing the written instructions in these documents. The person tasked with implementing a will is referred to as the executor. The executor is a fiduciary. This means that...
Can you fire a trustee?
Trusts are created for various reasons, but they all have the same basic structure. Someone (the grantor) places assets into the trust to be managed by a neutral third party (trustee) for the benefit of another (beneficiary). If you are a beneficiary, there may come a...
Do you inherit your parents’ final bills?
Your parents passed away, and they have named you as the estate administrator or executor. They did leave you a will, which is very helpful. It tells you how to distribute their assets. Some beneficiaries may already know what to expect, so you just follow the...
Recognizing and acting on testamentary capacity concerns
When a loved one passes away, the emotional toll can be overwhelming. Amidst the grief, families often face the daunting task of managing the deceased’s estate. Sometimes, concerns arise about whether the decedent had the mental capacity to make sound decisions...
Dealing with student loan debt after a loved one passes away
With student loan debt following Americans increasingly later into their lives, more families are finding that their loved ones still had student loan debt when they passed away. Different types of debt are handled in different ways after a person dies. Some must be...