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...
Estate And Trust Litigation
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...
What is undue influence?
There are only limited reasons on which someone can challenge a person’s estate plan after they die. One of those is undue influence. The ability to challenge is also restricted to certain people, usually those who stand to inherit or would have done so if there was...