When a young adult turns 18, they become a legal adult. One of the many rights that comes with adulthood is the right to plan an estate. Individuals can designate beneficiaries to inherit their assets after they die. Most adults do not establish estate plans when they...
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Probate Disputes
What are the warning signs of undue influence on an estate plan?
People who expect to receive an inheritance from an estate typically defer to estate planning documents. They let the instructions and wishes of the decedent determine what they receive from the estate. Occasionally, beneficiaries do not feel comfortable with the...
These signs signal that a trust dispute might be necessary
Trusts are legal arrangements wherein assets are held and managed by one party for the benefit of another. They are typically designed to be ironclad to prevent unnecessary disputes. Yet, there are certain situations where disputing a trust becomes a necessity....
Who pays an estate’s leftover debts?
When your parents pass away, you may go through their estate to see what assets they have and what debts they have remaining. Adult children are often very curious about their parents’ financial position. This goes doubly for the person who has been named as the...
2 times a bad inheritance could lead to probate challenges
When someone creates an estate plan, they leave behind instructions about their wishes for their property and the care of their dependents. Most estate plans serve their purpose and help guide the process of estate administration when the testator dies. However, some...
What happens after you show undue influence impacted a will?
Few things are more upsetting than shocking surprises in your loved one's estate plan. Whether they added a new beneficiary who isn't even part of your family or redistributed their estate so that one person inherits far more than anyone else, your family members may...
When will the probate courts replace the executor of an estate?
Choosing an executor is one of the most important decisions a person makes when planning their estate. However, sometimes personal relationships can blind someone choosing an executor. It is also true that a combination of personal authority and access to valuable...
What is mental capacity, and how does it affect a will?
If someone you love has created a will and you believe that they did not understand what they were writing or signing, then you believe that they lacked the mental capacity to make that decision. Mental capacity is an important term in estate planning, because it is...
Should I really contest a will?
When a loved one passes away, it can be difficult to have perspective on what is happening before you. Grief disrupts our emotions significantly and throws us into a place where everything seems uncertain, troubling and urgent. If you were surprised to learn of the...