Many issues that arise within trust and will disputes are commonly caused by an unfit party placed in charge of executing the testamentary document, also referred to as a trustee or executor. When designating a trustee or executor, it is critical to choose a trustworthy, and dependable person who bear the responsibility of ensuring that the wishes of the decedent are followed through, which...
While having an estate document prior to passing is beneficial, and ultimately facilitates a smooth transition of assets from decedent to heirs, it is not always the case where someone is able to or has made such document prior to passing. Death is undoubtedly not something we can plan for, and in this area of law we find that sometimes people pass on before they are able to record their final...
I sit here as an attorney specializing in inheritance disputes and realize that I must come to terms with the fact that those willing to take advantage of the susceptibility and vulnerability of our loved ones will inevitably fill our reality with pain, suffering and heartache. But, I take pride and solace in the fact that probate court offers me an arena to express my clients’...
The passing of a family member or friend is undoubtedly an overwhelming experience, even without the heartache and emotional distress associated with an inheritance dispute. Sadly, these moments of distress and emotional heartache are all too often monopolized by those willing to take advantage of their loved one’s emotional trauma. We as a firm recognize that having to cope with grief in of...
In most trust litigation cases, a testamentary document can be challenged, otherwise known as contesting. Contesting a will or trust is the act of challenging the validity of such document, under the idea that it does not, or no longer reflects the true wishes or intentions of the testator. A trust or will can be contested on a variety of grounds, but ultimately proof of undue influence or...
Inheritance disputes are one of the most common legal cases. They typically arise due to a variety of reasons ranging from discrepancy in distribution, lack of testamentary documents, elderly abuse, familial conflicts, or all of the above. Often these issues are a result of direct actions or influences by outside parties, commonly family members or friends of the decedent.
Situations like...