The American Declaration of Independence begins “We hold these truths to be self-evident, that all men are created equal . . .” While this may hold true for people and their rights, all Trusts are not created equal. Seemingly small differences in wording can make a big difference in reality. For example, one Trust may have a “No Contest” clause while another Trust might not. A No Contest clause provides that if someone unsuccessfully contests the validity of the Trust, negative consequences … [Read more...]
Who can contest a will?
In order to have standing to contest a will, you need to prove that something about how the will was written may be illegal. You won’t have standing if the will is ironclad, even if the distribution of assets may seem unfair. The following parties have standing to contest a will: Beneficiaries already named in the willBeneficiaries named in a previous will, who were written out of the most recent version of will, or whose share of the estate was significantly decreased by the newest … [Read more...]
Tips to Help Siblings Avoid or Resolve an Estate Battle
KEY TAKEAWAYS Sibling disputes over assets in a parent’s estate can be avoided by taking certain steps both before and after the parent dies.Strategies parents can implement include expressing their wishes in a will, setting up a trust, using a non-sibling as executor or trustee, and giving gifts during their lifetime.After a parent dies, siblings can use a mediator, split the proceeds after liquidating assets, and defer to an independent fiduciary. Read the full article here … [Read more...]
Trust & Estate Litigation: We don’t dabble, it’s what we do.
Here are some of the issues for which we regularly appear in court: 👉Will Contests and Will Defense👉Breach of Fiduciary Duty, Breach of Fiduciary Responsibility, and Fiduciary Misconduct👉Probate Litigation👉Probate Fraud👉Improper Execution👉Formal Accountings👉Undue Influence👉Probate Appeals👉Removal of Trustees👉Removal of Executors👉Removal of Agents Under Power of Attorney👉Guardianship Disputes👉Fiduciary Litigation👉Creditor Claims Against the Estate Because Estate Planning & Litigation … [Read more...]
