Administering someone’s estate for the first time can be daunting, so it’s important to be proactive. Otherwise, the responsibility or the scope of the tasks can overwhelm you. The following three things can make the process simpler. 1. Be methodical You’ll need to...
Results-Oriented: Creative, Strategic And Skilled Legal Techniques
Year: 2026
Can beneficiaries challenge excessive executor compensation?
When someone agrees to serve as an executor, they take on significant responsibilities. Managing estate assets, paying debts and navigating the probate process can require substantial time and effort. As such, executors are entitled to reasonable compensation for...
When a trustee fails to provide an annual trust report
Many trusts include terms that allow them to remain in effect for years, if not decades. Trustees must manage resources, make appropriate distributions and communicate with beneficiaries as necessary. They have a duty to act in the best interests of beneficiaries,...
How undue influence can affect a will or trust
When a person creates their estate plan, everything in the plan should be based on their wishes. Most people are able to do this without anyone trying to influence them, but there are times when someone close to them may try to sway their thinking. Wills and trusts...
Signs that a caregiver or relative may have influenced a will
For a family that is already grieving, few things can create more tension than discovering a loved one’s will has changed unexpectedly before their death. Sometimes, those changes truly do reflect a person’s wishes. But, in some cases, those changes may have resulted...
Who addresses creditor claims against an estate?
When someone passes away, creditors may make claims against the estate, seeking payment for money that is still owed. A simple example would be outstanding credit card debt that was never fully paid off. But creditor claims can also involve mortgage loans, car loans...
When a trustee undervalues critical trust resources
Trustees must manage resources according to the instructions provided by a trustor. They may need to distribute resources to beneficiaries and make decisions about the management of key assets to preserve their value. In some cases, they may end up accused of...
Disinherited spouses in California can ask the courts for help
An inheritance can provide reminders of a person who has passed. These reminders can provide comfort. Yet, sometimes, reviewing a will or other estate planning documents can worsen the pain caused by a loved one’s passing. Spouses who spent decades in a marriage...
When a trustee engages in self-dealing
A trustee’s obligations may include long-term asset management. They may need to maintain real property, help run a business or make decisions about investment resources. Generally speaking, trustees must act in the best interests of beneficiaries to uphold their...
Does life insurance need to go through probate?
When an estate goes through probate, assets are passed down to beneficiaries. If someone does not have an estate plan, then state law will dictate who should receive those assets, generally focusing on next of kin. If the person does have an estate plan, they can...
