probate litigation

Will contests are one of the most common reasons for probate litigation. Family members can take legal action if they have concerns about the terms included in a will. They may ask the courts for help if they question the validity of the document. There are a number...

An executor has a key role in the estate planning process. This individual is tasked with managing assets and administering the estate according to instructions in the will and other estate planning documents.  An executor has what is commonly referred to as a...

Most beneficiaries feel grateful for the fact that they receive an inheritance. A testator allocating a portion of their estate for the benefit of another person is a generous act. Family members and close friends of a testator often view the inheritance that they...

Contesting a will can be a complex and sensitive legal process. It involves challenging the validity of a will, usually because it doesn’t accurately reflect the deceased's true intentions. Specific legal requirements govern this process and can result in significant...

When a testator dies, the executor will take the will to probate. The probate court will follow certain procedures to confirm that the will and any other related documents are valid before officially appointing the executor. However, they may need to buy a probate...

The terms that someone adds to their will or broader estate plan can provide support for their dependent family members and allow for the transfer of their assets to others when they die. Most people are eager to uphold someone's stated wishes during estate...

The executor of an estate has to do a lot of time-consuming work. They have to show up for court hearings, communicate with creditors and maintain records of how they distribute the estate assets. Typically, the individuals who assume such positions need to be...

One problem that can sometimes arise during probate is that the estate executor decides that they're going to remove assets from the deceased person's home. This can be in direct violation of the estate plan and may violate the rights of the beneficiaries.  After all,...

After a parent passes away, the surviving loved ones may have a challenging road ahead. Adult children may deeply feel the grief of their parent’s passing, and while addressing their emotions is important, at least one of them will likely have to handle matters...

Say your parent passes away, and you hypothetically find two wills. Maybe they give one to you directly, but then you find another one in the house when gathering assets. Maybe they have all of their documents in one place, and you merely find two copies when going...