When planning for the distribution of your assets after your passing, it is important to consider who will execute your will. In many cases, people choose a single executor to manage their affairs. However, there are situations where having multiple executors can be a...
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These 3 situations are likely to cause an inheritance dispute
Inheritance disputes can arise when loved ones pass away and leave behind a will or assets to distribute among heirs. These disputes can be emotionally and financially draining for families. Inheritance disputes often result in strained relationships or even permanent...
Do you understand testamentary capacity?
Challenging a will is easier said than done, as you need to have a reason to move forward with the process. In other words, people can't contest a will because they feel like they didn't receive what they deserve. There are many grounds for contesting a will, with...
What might make a will challengeable?
When a person dies with a will, it generally controls the distribution of their estate. However, it only does this if it is valid. There are a variety of things that could potentially invalidate a will or some of its provisions. When these factors are present, they...
Contesting estate administration over breach of fiduciary duty
When a loved one passes away, the last thing you want to do is mire the estate in court without good reason. In fact, many people may overlook inappropriate or questionable behavior by an executor or trustee in good faith, assuming that person is simply doing the best...
3 reasons to remove a trustee from a trust
The role of trustee comes with some very serious responsibilities. For example, if you are the beneficiary of a trust, you will expect the trustee to make financial decisions for the trust that are in the best interests of you and any other beneficiaries. Because of...
Not just anyone can challenge a will
Challenging a will is necessary when you have a valid reason to believe that the will isn't correct. A previous blog post discussed some of the reasons why a person might challenge a will. On top of having a valid reason, you must have a status that allows you to...
The probate process without a will
While most people understand the importance of creating an estate plan, not everyone goes through this process. For this reason, it's possible that people could pass on before they create wills. When a person passes on without a will (intestate), property is...
Determining lack of capacity when disputing a will
When there is a dispute over a person's will, one of the questions may be if he or she had the capacity to make decisions or changes to that document. It's not always easy to challenge a will, but if a person can prove that a lack of capacity played a role in a...
Top reasons to challenge a will
Typically, all but one percent of wills go through the probate process without a problem. This is because courts generally take the stance that a will is in the decedent's voice and conveys his or her final wishes. And, since that individual can no longer speak about...