Was your loved one unduly influenced into signing a will?
When a loved one dies, finding out that they omitted you from their will can be difficult to deal with. Your emotions may be further aggravated if you learn that the person they have bequeathed their assets to is someone you do not believe to be deserving of their...
Why sentimental items often cause estate disputes
Sentimental items are often at the heart of estate disputes. The exact items can vary widely from family to family, but often include things like books, artwork, furniture and even everyday trinkets like serving dishes or clothes. These disputes can sometimes be a bit...
Testamentary capacity: what is it and how is it assessed?
A will is one of the most important legal documents you could ever create. At its most basic level, a will outlines your wishes with regard to what you want to happen to your assets when you die. Without a will in place at the time of your death, the ways in which...
Real property in probate can lead to estate litigation
When someone owns a home, it may be the largest asset that they hope to pass to their children or other beneficiaries when they die. Homes represent many years of someone's wages and a lifetime of diligent upkeep. Unfortunately, the real property owned by someone who...
Trust litigation: What constitutes a breach of fiduciary duty?
When your loved one created a trust and named you as one of the beneficiaries, they also appointed a trustee. This is the person or entity tasked with managing trust assets on your behalf. The trustee owes the trust beneficiaries a fiduciary duty, and they must always...
When might a will be invalid?
A will should represent the final wishes of the testator in full. Unfortunately, there are occasions when this does not happen. If this is the case, then it is possible for concerned parties to contest the will during probate. This can be a complex process, so it’s...
2 reasons to question late-in-life changes to someone’s estate plan
Most people would never dream of frivolously challenging a loved one's estate. They know that probate litigation will reduce what everyone inherits and delay the process of distributing assets. Even if someone is unhappy with how their parent or other family member...
4 common causes of estate litigation
Creating an estate plan is a smart step for adults to take. However, even the best-laid plans can result in issues. Estate litigation is extremely common, and there are several reasons this occurs. 1. Remarrying If someone remarries after they divorce their spouse,...
What to know when contesting a will
There is no question that your will is an important element of your estate plan. However, even when you have these documents created professionally, disputes may arise that result in estate litigation. Contesting a will means that certain things need to be...
Do you suspect an estate executor of a breach of fiduciary duty?
When someone creates a will and names an executor for their estate, they trust that person will carry out their wishes and act in the best interests of the beneficiaries. Unfortunately, there are some instances where that doesn’t occur. What can you do if you believe...