An estate owner assigns a fiduciary or personal representative in their estate plan to act on their behalf and execute their instructions when they can longer do so due to death or incapacity. The personal representative has a fiduciary duty to the owner and the...
Estate & Trust Litigation
What is elder financial abuse, and how can you stop it
Studies have shown that elder abuse is on the rise and growing at an alarming rate in the United States. Almost one in five Americans over the age of 65 have been victimized by financial fraud, and as a result, have to endure devastating financial consequences. ...
What does it mean to be an executor?
Hopefully, when you get the news that you were named as the executor in a loved one’s estate, it is not the first time you received the news. But even if you knew about your eventual appointment, you likely did not think about what that meant. Unfortunately,...
An overview of fraudulent/voidable transfer laws
Attorneys who represent businesses and individuals in commercial disputes, frequently encounter situations in which a financially distressed party wants or tries to "shield" assets from creditors. This is done by transferring ownership of those assets to family...
Estate Litigation and How Legal Representation Can Help You
The loss of a loved one stirs various emotions and can be taxing on the family relationships of surviving relatives. Whether disputes arise with a sibling, cousin, or other family members, the process to resolve legal issues is exhausting and stressful. Legal...
Estate Executor Versus a Trustee
Executors and trustees play crucial estate administrative roles. Knowing which works best for you can save everyone a lot of confusion and grief when the time comes to take action on your estate. The executor manages all wishes contained in the will. A trustee is an...
Challenging a will when a loved one has Alzheimer’s
In an ideal world, everyone in your family would’ve known what your loved one wanted out of their estate plan so that expectations were measured and realized. In reality, though, estate plans are often kept secret and last-minute changes are made, leaving expectant...
Removing a Trustee for Bad Acts or Incompetence
A trust is a common form of an estate plan where assets are placed into a trust to be managed by a trustee and/or later distributed by the trustee to the beneficiaries. A trustee is a fiduciary and owes fiduciary duties to the beneficiaries. Usually, a trustee takes...
Five Grounds for Challenging a Will
Just because someone has a will does not mean their estate is immune from disputes. Legal challenges to the validity of a will happen frequently. Tense family dynamics, disgruntled relatives, and would-be beneficiaries often lead to heated disputes. There are several...
Avoiding Will Contests (And What to Do If You Are Involved In One)
No family wants to go through the agony of a will contest. Unfortunately these disputes are sometimes unavoidable.Any number of disagreements can arise during the process of administering a will after a family member dies. Some of these disputes center around whether...
