Results-Oriented: Creative, Strategic And Skilled Legal Techniques
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...
Trust litigation often follows inappropriate conduct by the trustee. Trust beneficiaries can ask the courts to remove the trustee because of their misconduct. In some cases, they can even ask to hold an individual financially accountable for embezzling or otherwise...
When a loved one passes away, the distribution of their estate is often handled through probate or trust administration. Heirs and beneficiaries expect a fair and transparent process, but sometimes defective accounting can put an inheritance at risk. Whether due to...
A person who makes an estate plan should be of sound mind and body. The contents of their estate plan should be strictly based on their own wishes and what’s legal. It’s against the law for anyone with authority or power over an individual to try to influence the...
Probate disputes can be very complicated. They can also be highly emotional, as they tend to happen at a relatively difficult time—after a loved one’s passing. That being said, there are some steps that people can take to reduce the odds of estate disputes. Nothing...
In a general sense, if someone has a fiduciary duty to another, it means they are expected to act in the best interests of the other party. They are not supposed to focus on their own needs or desires but must take steps to uphold the other party’s rights. In the...
Not just anyone can challenge a will. They must have proper legal standing and a vested interest in the estate plan. In other words, they need to be affected in some way to have the legal grounds to challenge the details of the plan. Generally, these individuals fall...