After a loved one passes, the last thing you want is a legal battle over their will. The entire process can feel invasive and stressful. Sometimes, these disputes tear families apart and overturn final wishes. However, the court’s primary job is to honor a person’s...
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probate litigation
What are the grounds for removing an executor?
During the probate process of an estate, the heirs and beneficiaries may decide that the executor needs to be replaced. There is a legal procedure for taking action against the executor, but the heirs must have grounds to do so. Below is some important information for...
When a will is so outdated that it is no longer accurate
Wills allow people to protect their dependents and establish an appropriate legacy given their personal resources and values. A will may name individuals as beneficiaries. Other times, people may leave resources for charitable causes that are dear to them. Typically,...
4 times a will executor may be sued for breach of fiduciary duty
Being named as the executor of a will comes with significant responsibilities. As an executor, one is entrusted with managing the deceased’s estate and ensuring that the terms of the will are carried out according to the decedent’s wishes. This position comes with a...
When can families challenge a will based on a lack of capacity?
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...
Examples of executor breaches of duties
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...
Why beneficiaries sometimes decide to contest a will
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...
4 things to know about contesting a will
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...
What does “bond” mean in probate court?
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...
2 reasons people decide to contest a will in probate court
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...
