by Inheritance RecoveryTrust Disputes
Trust disputes typically ensue due to a beneficiary or family member being unexpectedly disinherited from the estate. This is commonly done through undue influence or some means of deception by another party. Usually, this results in a Trust that contains entirely new provisions that don’t coincide with the Settlor’s known intentions or a distribution that overwhelmingly favors one party. In...
by Inheritance RecoveryTrustees
Trustees who forgo their fiduciary duties or mishandle a Trust face the risk of being removed from their position. In the event that this happens, many wonder what the next steps are and what options remain. Trustee selection relies predominantly in the court’s hands. When a Trustee is deemed unfit, the court has complete discretion to elect who they want to oversee the estate. Ultimately this...
by Inheritance RecoveryAdministering An Estate
One of the most common questions in this area of law is regarding the financial aspects of an estate. Typically this includes inquiries regarding the steps to obtaining financial information and the time it takes for assets to be disbursed. Administering an estate is an extensive process, and it is vital to understand its intricacies to best plan and time for disbursement. The Trustee is in...
by Inheritance RecoveryWill & Testament
Wills and Trusts operate similarly as they control and designate the division of assets. However, unlike a Trust, a Will is not a private document. For such reason, the steps to making a Will binding and valid require more than just its creation. The power of a Will relies exclusively on the court. Essentially, this means that for a Will to take effect, a court must issue an order giving it...
by Inheritance RecoveryTrusts
When considering a Trust contest, it is imperative to understand the dynamics of all parties involved in a Trust. Generally, when a Trust becomes active, the two major parties are the Trustee and the Beneficiaries. The Trustee directs the Trust, and the Beneficiaries are the parties receiving the assets. However, this begs the question of who is ultimately in charge. When a Trust is created,...
by Inheritance RecoveryThe Division Of Assets
The division of assets between siblings can be controversial in trust litigation, especially if they are not divided equally. Often, the point of the controversy centers on the parents’ true intentions. However, this can be hard to discern when the final document may only sometimes reflect their true intentions, and the narrative of what the parents want varies between siblings. The...
by Inheritance RecoveryTrust Litigation
The foundation of trust litigation is the legal right to an inheritance. It is often a question whether people undergoing trust litigation issues have a right to an estate. Heirs at law are people entitled to a decedent’s inheritance as a matter of law. A relationship or a legal document can define this. When there is no legal document in place, we look to the family of the decedent when...
by Inheritance RecoveryTrust Disputes
Trust disputes can arise for a variety of reasons, but they are commonly centered on the mishandling of an estate document. In situations where a Trustee breached their fiduciary duties and mishandled the Trust, removal is possible. Removal of a Trustee is not an easy process; however, it is feasible. While not common, some Trusts include specific provisions that provide beneficiaries of a...
by Inheritance RecoveryTrust Litigation
Trust litigation centers around inheritance disputes; more often than not this will include disputes over property. When beneficiaries are left a property in which they each have equal ownership there are multiple avenues that can be taken. The beneficiaries can opt to sell the property and split the assets equally, they may choose to keep the home and each remain equal owners, or in some...
by Inheritance Recovery