On Behalf of Zigray Law Office, LLC | Sep 22, 2016 | Probate Litigation

In an effort to save money, some executors under an Ohio testator’s will opt for a do-it-yourself method to take on probate tasks. However, the process is complicated, and they could be held legally and financially responsible if they make any oversights or mistakes.

Since there are several legal notices that a person may have to file during probate, it might be difficult determining which ones are necessary and which ones are not. For example, many states require all of the testator’s heirs, even those who are not named in the will, to receive notice. Otherwise, they may be able to contest the will.

Another possible pitfall facing those who try to handle probate on their own is failing to give notice to creditors. Notifying creditors of the decedent’s death gives them a chance to require payments in full. People who skip this step can be held personally liable for any of the decedent’s debts.

Failing to obtain a bond is a further mistake that can be made during probate, unless the will waives it. Otherwise, a bond is required for people who file a probate action with the court and wish to be the estate’s personal representative. Bonds in this case work as an insurance policy in the event the personal representative fails to fulfill one of the numerous probate requirements. However, getting a bond could be pricey, especially if a person has poor credit. In some cases, a personal representative may not be able to get one, which means he or she is not qualified for the role.

because of the complexity of the laws, executors can easily make a mistake, which can lead to expensive probate litigation. Instead, they might consider contacting an estate planning attorney for guidance.

Source: Yuma Sun, “Estate Planning: Probate is not a do-it-yourself project”, Adam Hansen, Sept. 12, 2016

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On Behalf of Zigray Law Office, LLC | Sep 15, 2016 | Probate Litigation

The days, weeks and months after a loved one passes away can be some of the most emotionally devastating for people who are left behind. Between the funeral planning and trying to figure out how to move forward, the last thing people typically want to do is spend their time in a courtroom proving the validity of a will and hashing out legal disputes, which is what happens in probate.

That leaves many people asking the question, “Can’t I just avoid probate?” The answer here is: possibly, with the right planning tools in place.

There are a number of ways people can set up estate plans to avoid all or parts of probate. One of the most common ways to do this is to put property and money in living trusts.

Living trusts allow a person to transfer assets by giving permission to the trustee to transfer ownership of the property in the trust, rather than having to go through probate. This can save people a lot of time, money and energy.

Even if it isn’t possible to completely avoid probate, a person can minimize the potential for disputes that can extend probate proceedings. In order to do this, you can have a clear, comprehensive and enforceable will in place, and make sure any executor named takes seriously his or her fiduciary duties. Oftentimes, probate drags on and on because of people challenging a will or taking issue with how an estate is being administered.

When you are creating your estate plan, you likely want to take whatever steps you can to protect not only your wishes but the interests of your loved ones as well. Doing what you can to minimize disputes and avoid some or all aspects of probate can be enormously beneficial to all parties involved. For more specific information on how you can do this, it would be wise to consult an attorney.

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On Behalf of Zigray Law Office, LLC | Aug 31, 2016 | Probate Litigation

There is no one way to cope with a fatal illness diagnosis; whether a person is given weeks or a few years to live, the way he or she responds is intensely personal. Some people, like iconic comedian and actor Gene Wilder, choose to keep their prognosis quiet for a number of reasons. This thoughtful article in The Washington Post examined some of the celebrities who have recently died from illnesses that were largely unknown to the public.

If you are someone who would prefer not to disclose a serious illness to those around you, you should understand that there is nothing wrong with this choice. However, be aware that when an illness is kept private, loved ones can be very surprised by a death. This shock and sudden devastation can lead to some problems in terms of administering an estate.

To begin with, it is possible that someone’s feelings could be hurt by being kept in the dark. That person can end up feeling resentful and angry toward those who may have known about an illness and take it out on them in probate. He or she may challenge a will or fight to block the actions of an executor simply because he or she is upset.

If keeping your illness secret also means keeping your estate plans secret, you could be putting your loved ones in a difficult position to translate your wishes without having the opportunity to ask you questions. In these situations, you would be wise to be as clear as possible when it comes to writing a will or setting up a trust.

It can also be wise to not keep your will a secret. Informing at least one person, like your attorney or your spouse, that you have a will in place can save a lot of time and grief in the aftermath of death. Failure to disclose this information can mean that your will is never discovered or that it will be challenged quite aggressively in probate by people who may question its validity.

There is no shame in keeping a serious illness private for your sake or for the sake of your loved ones. However, there are ramifications of that decision that others will need to cope with after you are gone, so it can be wise to take some time and discuss your wishes with someone you trust.

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Prince estate to open Paisley Park as a Graceland-like museum

On Behalf of Zigray Law Office, LLC | Aug 30, 2016 | Probate Litigation

When a person dies without a will, it is not necessary for the estate to be enormous to have disputes among family members arise. However, as the estate increases in value, the likelihood of probate litigation will obviously increase. In Ohio, tensions over oil rights, a family farm, business interests and intellectual property can be common in probate court.

Earlier this year, this blog reported the story of potential heirs and beneficiaries claiming to have rights in the estate of the iconic musician Prince. The intellectual property rights alone are worth a fortune. As for real estate matters in the Prince estate? Well, it seems that there will not be a major fight over what should happen to the recording studio and compound that Prince called home (though income from the property could be an issue for some time to come). The estate is selling a separate villa in the Caribbean to cover some estate tax bills.

As for Paisley Park, the estate plans to open the compound for public tours beginning in early October. The special administrator of Prince’s estate recently announced the plan to treat Paisley Park as a museum, somewhat like how Graceland is treated, according to USA Today. More than 500,000 people visit Graceland each year, according to USA today, generating cash for the Presley Estate, as well as millions in tourism revenue for the city of Memphis.

Turning Paisley Park into a museum, open to the public, was something that Prince always wanted and was actively working on before his death. It appears that dream will come true, despite the failure of anyone to locate a will. Nonetheless, many issues remain to be resolved in settling the estate of the musician.

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On Behalf of Zigray Law Office, LLC | Aug 17, 2016 | Probate Litigation

A few months ago, we wrote a blog post discussing some of the serious problems that were likely to arise in the wake of legendary musician Prince’s unexpected death. One of the main complications that presented itself early on was the fact that Prince did not have a will and several people were expected to come forward seeking a portion of his estate.

In that post, which can be read in full here, we noted that at least two people had already come forward claiming to be an heir.  Since then, however, a total of 29 claims have been made, all of which were recently denied. In this post, we will look at some of the ways courts assess these claims and how they determine which are baseless and which may be legitimate.

If someone says she is a relative of the deceased, the courts may order genetic testing or request birth certificates. If someone claims she was married to the deceased, a marriage certificate must be presented.

If a person comes forward claiming the deceased made promises to give him money or property, the courts can ask to see any evidence of such an arrangement. This might include written correspondence or business agreements that may have alluded to such promises.

Any information that can be gathered in support of or to contradict a person’s claim will be closely scrutinized and carefully considered. If the courts are not convinced of a legal tie between the deceased and would-be heirs, they will exclude those requests from the inheritance claim, as was the case for the 29 people seeking a portion of Prince’s estate.

Considering how complicated these claims can be and how much could be on the line, it is crucial that anyone making them or disputing them has legal representation and a clear understanding of how such matters are addressed in Florida.

Source: Business Insider, “29 people claimed to be heirs to Prince’s estate and a court denied all of them,” Curtis Skinner and Steve Gorman, July 30, 2016

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On Behalf of Zigray Law Office, LLC | Aug 3, 2016 | Probate Litigation

Any unexpected death is undoubtedly tragic and devastating for the friends and families who are left to cope with that sudden loss. Ideally, a person will have drafted a will or put together a comprehensive estate plan to direct people through this difficult time, but this doesn’t always happen.

This is particularly true if a person was fairly young at the time of his or her death. Young adults often put off estate plans or assume they don’t need a will, but the fact is that there can be some very real benefits to having a contingency plan should the worst happen. Before you decide that you are too young to do any estate planning, you might want to ask yourself some important questions.

1. Are you okay with your parents (or spouse) making estate distribution, financial and care decisions for you? Often, these parties will automatically take on these responsibilities unless otherwise directed.
2. Do you have assets you want to protect? This can include properties, investments and money. Without direction from you, executors of your estate and/or the courts will decide what to do with these assets.
3. Do you have an opinion on life-saving efforts and other medical decisions? Without an advance medical directive, you may not be able to express your wishes due to mental or physical incapacity.
4. Are you in a committed, but not legally defined, relationship? The probate process involves strict rules, and these rules generally refer only to relatives, legal spouses and children. Even if you are in a committed relationship, there is no guarantee that your partner will receive the benefits and/or assets you may have wanted that person to receive.

Once you take the time to consider these questions, you might find that you have more to protect than you expected.

While it may be uncomfortable or seem unnecessary, protecting your wishes and your assets with an estate plan can provide you and your loved ones with considerable peace of mind.

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On Behalf of Zigray Law Office, LLC | Jul 21, 2016 | Probate Litigation

When you start thinking about estate planning, you will likely start thinking about the people and the things around you that you want to protect. You might even look around and see who you interact with on a regular basis, what you have in your bank account and what items you have that you want to hand down.

However, it is critical that you also consider what will happen to your assets that you can’t see: your digital assets. These include things like your emails, online businesses, bitcoin accounts, social media accounts, digital photos and the various financial accounts you manage online. It can be vital that you take steps to protect these assets for several reasons.

To begin with, you can ensure sensitive information is not released to the wrong people. If you provide someone with your email, social media and financial account login information, that person can destroy, move or shield that information as instructed by you. Doing so can keep it out of the hands of hackers and other untrustworthy parties.

You can also avoid financial penalties by granting someone permission to control digital transactions. For instance, if you pass away unexpectedly, you can assign someone else the responsibility of stopping auto-payments and managing payments to or from your online businesses.

In order to protect these virtual assets after you pass away, you can name someone you trust to be a digital trustee. This person will be tasked with managing and finalizing the details of your virtual life in much the same way an estate administrator would manage your actual estate.

This CNBC article includes some basic steps on how to protect your assets, but it can be wise to also consult an estate planning attorney to ensure any decisions you make are legally sound and enforceable.

With a comprehensive plan in place that addresses both virtual and actual assets, you can be confident in knowing that you and your property will be protected after you are gone.

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On Behalf of Zigray Law Office, LLC | Jul 5, 2016 | Probate Litigation

Losing a loved one is one of the most devastating events people experience. Between the emotional toll that a death can take on people and the work it takes to cope with the grief and move forward, there may not be a lot of energy or resources left to deal with much else.

Unfortunately, many people in this situation do have to take on even more serious challenges when the time comes to administer the decedent’s estate and disputes arise. This can happen if there are questions or concerns over the person entrusted with fiduciary duties.

Disputes can arise if you do not think that someone is acting in the best interests of the person who passed away, which is required of the person or people named as executors or trustees, or those given power of attorney.

There are many ways a person could breach a fiduciary duty. For instance, if you feel a trust is being mismanaged because the trustee is using money from the trust inappropriately, this could raise some red flags. If you learn that your parent passed away with no money, despite his or her assurances that there would be inheritances, there may be grounds to question your parent’s power of attorney.

In some cases, you may already have proof of a fiduciary duty breach; in other cases, your gut may be telling you something is not right.

In either situation, it can be crucial that you take action and consult an estate planning attorney like those at our law firm if you suspect abuse or misuse. We know that this is a difficult time, but we also know that protecting your loved ones and their financial wishes is of utmost importance. 

To learn more about fiduciary duty breaches and what you can do about them, please visit our website.

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On Behalf of Zigray Law Office, LLC | Jun 21, 2016 | Probate Litigation

Avoiding probate can be a top priority for people who are completing their will or creating estate planning documents. However, it is not always possible to avoid probate, and probate can actually work in your favor if you are disputing a will, trust, transfer or inheritance.

But many people still wonder if the benefits of avoiding probate outweigh the potential drawbacks. Every case will be different, but knowing why people try to avoid probate in the first place can help you assess your options in terms of whether you would actually prefer to go through it.

In general, avoiding probate is something people try to do for four reasons:

• Saving time
• Saving money
• Avoiding disputes
• Protecting privacy

If you set up an estate plan in such a way that probate is unnecessary, it will allow you and your loved ones to save the time and money associated with navigating the legal system. Further, legal disputes can be minimized when probate is avoided, and because probate creates a public record, avoiding it can protect a person’s privacy.

However, as discussed in this New York Times article, probate can be critical for making sure a will is legitimate and enforceable. It there are questions or concerns about the mental capacity of the person who created the will, probate can allow parties with a vested interest to address the issue. It also ensures that a court will settle the various issues that can arise when it comes to administering a will, which can be reassuring if you don’t trust the estate administrator.

When it comes to the legal process and estate planning, people can be very motivated to keep things simple. However, this is not always possible or in others’ best interests. If you have questions about probate or need help handling an estate dispute, then contacting an attorney as soon as possible can be critical.

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On Behalf of Zigray Law Office, LLC | Jun 8, 2016 | Probate Litigation

In the aftermath of losing a loved one, there are far more legal details and logistics than you may be prepared to handle, especially when you are already struggling to cope with an emotional and physical loss. One of the last things you probably want to do is go through that person’s will, confront disputes that arise or bring up questions and concerns.

Unfortunately, these can be unavoidable challenges that need to be resolved, and they can’t be put off until you are ready to deal with them. However, you do not need to navigate the legal system and probate process alone. You can work with an attorney who can provide different types of support throughout any legal matter pertaining to probate litigation.

• Legal support: Many people are unfamiliar with the legal process, especially when it comes to matters like estate planning that don’t arise that often. Having an attorney deal with the paperwork, legal motions and taking a case to court can help you secure a fair and lawful solution you may not have been able to get on your own.
• Emotional relief: Between the sadness, frustration, anger, resentment and bitterness you may be feeling, it can be all but impossible to then make rational, objective decisions. The legal guidance of an attorney can be especially valuable in this aspect.
• Personal guidance: Your attorney can help you stay focused on the issue at hand and finding a resolution, which can give you a great sense of relief and confidence during such a rocky time. Additionally, an attorney can help you make decisions that prevent disputes from arising or getting worse, which can be critical.

For these and many other reasons, having a legal representative by your side in matters related to wills, trusts and probate can make a very difficult, complicated process a little easier.

If you are dealing with these issues or would like to take steps to avoid them in the future, we encourage you to visit our website to learn more about how we may be able to help you.

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