by Edward TerzianWill & Testament | Expert Guidance from Inheritance Recovery
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 Edward TerzianTrusts | Expert Guidance from Inheritance Recovery
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 Edward TerzianThe Division of Assets | Inheritance Recovery Attorneys
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 Edward TerzianTrust Litigation Blog | Insights from Inheritance Recovery
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 Edward TerzianTrust Disputes | Resolving Issues with Inheritance Recovery
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 Edward TerzianTrust Litigation Attorneys | Inheritance Recovery
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 Edward TerzianTrustee Breaches Their Fiduciary Duties
One of the most common issues we see in trust litigation is a trustee that fails to uphold their fiduciary duties. Every trust is governed by a set of rules. These rules are established by the creator of the trust and are called “trust instruments”. The trustee is responsible for carrying out the terms of the trust and notifying beneficiaries about any changes in the terms of the trust....
by Edward TerzianHaving A Difficult Time Getting A Copy Of The Will Or Trust
A common issue that many people going through an inheritance dispute encounter is the inability to obtain copies of the Will or Trust. Trustees or Executors who intend to defraud an estate usually try and withhold such documents to prevent proper distribution of assets to the necessary parties. In the event that a Trustee or Executor refuses to provide a copy of the Will or Trust, there are...
by Edward TerzianInheritance Recovery – Removing Trustees
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...
by Edward Terzian