When creating a revocable living trust, the grantor or someone they can count on can serve as its trustee. However, a trustee may become unable to fulfill their duties for a number of reasons such as death and incapacity. In that case, a successor trustee can step in....
When your loved one's will goes to probate, the executor will be responsible for most of the procedures. Accordingly, they should communicate effectively to keep interested parties (beneficiaries, creditors and so on) updated on major matters. If they fail to do so,...
You may have read about people contesting their loved ones’ wills after they passed away or about the risk of undue influence changing a person’s will later in life. As a result, you might want to look into anything you can do to prevent those issues in your own...
Undue influence is one of the many reasons a court can nullify a will. It happens when the person making a will (the testator) is coerced or persuaded to act against their wishes by another. For example, a caregiver may use their position of trust to influence the...
When you pass away, there is a potential that your loved ones will have to go through some kind of estate litigation. While you may have set up trusts in the way you saw fit, if they don’t think the terms are fair, then one or more of your heirs may contest your...
If you have a physical impairment, then Ohio law may allow you to apply for a conservatorship. While many tend to think of this as a permanent type of relationship, it's not. Both applicants and prospective conservators must attend hearings before the establishment of...
When you were a child, your parents told you that your grandmother had created a trust in your name. At the time, you did not know what that meant, other than that, grandma had left you some money, but you could not spend it yet. With time, you took more interest and...
Sometimes when you read a person’s will, it can be a pleasant surprise. You may discover that your aunt, who lived a simple life, had secretly built a multimillion-dollar property portfolio. Or that the elderly gentlemen you mowed the lawn for left you some money....
This blog has discussed different ways a will may be contested. To help avoid will contest, it is helpful for estate planners and their families to understand the components of a valid will. So, what makes a will valid? Legal capacity The estate planner must be of...
The decision to seek guardianship of an adult is important. It impacts the lives of the person who needs extra care and their guardian. A guardian might be necessary when someone cannot manage their business, financial or legal matters. Parents act as the guardian of...
