Estate disputes are often sparked by certain red flags that family members may see in the way the estate plan was written. As the estate moves through probate and the estate administration process, these disputes between family members and other beneficiaries can...
Estates
Is there reason to question a testator’s capacity?
Probate litigation may arise due to concerns about the conduct of a personal representative in some cases. Much of the time, however, litigation seeks to raise questions about the validity of estate planning documents. Most people have the right to choose whatever...
Signs that a trust was created under duress
Reviewing a trust document often brings confusion when the terms do not match the known values or history of the person who created it. You might notice that the instructions suddenly favor a stranger or exclude a long-term beneficiary without explanation. It is...
Estate disputes could stem from unequal bequests
You are allowed to divide your assets any way you want when you draft your estate plan. For example, if you have three adult children who are your primary beneficiaries, you could give each of them one-third of your assets, which may be what they expect. However, you...
Who can contest a will?
Often, a will reading is straightforward, with no surprises. The decedent left all of their assets to their spouse or divided them evenly among their children. However, the validity of the will is sometimes questioned, especially when there are unexpected changes or...
What to know before contesting guardianship
When a loved one is placed under guardianship, it can bring relief and concern. While guardianship can protect someone who can’t make decisions for themselves, it may also raise questions about whether the arrangement truly reflects that person’s best interests. ...
Why don’t more people make estate plans?
It’s fairly clear that everyone will eventually need an estate plan. Wealthy individuals may have significant assets to pass down, whether these are financial or tangible. But even those who don’t necessarily have significant wealth still need to pass down family...
Unequal bequests increase the odds of estate disputes
In some cases, parents leave completely equal bequests to their children in their estate plan. For instance, a parent leaves $100,000 to each child and gives them all equal ownership in the family home. They can decide what they want to do with it from there. But in...
Do children inherit both assets and debts?
Adult children often inherit their parents’ assets. If someone dies intestate (without a will), the division of assets is done according to state law. If the person has an estate plan, that plan will generally be followed, and the estate administrator will divide the...
4 things that trigger trust disputes and possible litigation
While trusts provide several benefits unavailable through a will alone, they are not immune to disputes that sometimes lead to litigation. Unfortunately, trust disputes can be emotionally burdensome for all involved. Knowing the common issues that can ignite a dispute...