Results-Oriented: Creative, Strategic And Skilled Legal Techniques
Undue influence is sometimes a reason for litigation over an estate plan, a will, or even a trust. Essentially, it is an allegation that someone else influenced the person who was creating that plan. They would not have set the plan up this way on their own but were...
When a person creates an estate plan, they have to decide who will be the executor of their estate. This is the person who will handle the administrative duties once the creator dies. It’s critical that they name a person who can reasonably handle those duties. ...
Personal representatives or executors often commit a year or more of their time to estate administration. They carry out the last wishes of the deceased individual, repay creditors and manage estate resources. They are in a position of trust, and therefore they have a...
An executor is responsible for managing an estate's assets after a loved one has passed away. During the probate process, the executor will resolve the estate's debts, file taxes and distribute any remaining assets to beneficiaries. An executor has a fiduciary duty to...
Trusts are often created to protect and distribute assets for family members, charities or others with specific intentions in mind. A person appointed to oversee a trust plays a crucial role in making sure these goals are respected. However, not every trustee performs...
Many people have debt as adults. This can come from a variety of reasons, such as medical care, major purchases and credit cards. One question that often arises after the person passes away is who is responsible for those debts, because the debts don’t die along with...
When contesting a will, proving that the deceased lacked testamentary capacity at the time of execution represents one of the most common and potentially successful grounds for challenging the document's validity. Successfully challenging testamentary capacity...
A medical power of attorney allows an agent to act on behalf of another person, making their medical decisions. This is often part of an estate plan, dealing with long-term care planning or end-of-life decisions. The agent may get to decide if they should keep the...
Disputes about estates often stem from questions about whether the person who created the will or trust understood the implications of what they were doing. These questions often come up when the estate plan’s components aren’t set up exactly how heirs expected. In...
Many people pass away with debts that still need to be covered because debts don’t go away when a person dies. In most cases, the debts will have to be covered as part of the probate process. This is handled by the estate administrator. Estates can only pay creditors...