Understanding the dynamics of legally relevant parties that interact with a Trust is critical before pursuing a Trust contest. The movement of assets within a Trust will primarily involve Trustees and beneficiaries. Trustees are fiduciaries who have a duty to act in the best interests of the beneficiaries, as they are responsible for the Trust’s execution. Accordingly, Trustees have an...
Undue influence is a common tactic used to manipulate a Trust or Will for a wrongdoer’s benefit. Commonly a wrongdoer will take advantage of a parent or family member susceptible to manipulation or dependent on them to financially capitalize by estate document manipulation. Family and friends who witness this behavior often feel helpless, as it can be tricky to navigate, especially if the...
There is a common misconception that disinheritance indicates that a person is removed from their inheritance fully. However, being disinherited is a spectrum; it can range from full disinheritance to partial disinheritance.
Partial disinheritance is when the Settlor revokes a portion of a beneficiary’s assets. Typically this involves a reallocation of asset distribution in some way. When...
Trust litigation is an intricate and extensive process. This is because judicial procedures comprise various steps to ensure that the matters that reach the courtroom have been prepared substantially to preserve due process and efficiency. It may appear daunting, but it is feasibly done with experienced counsel.
Pleadings kickstart any lawsuit. A pleading is a formal written statement of the...
Cogent evidence and timeliness are two significant components of a successful Trust and Will contest. Due process and efficiency are paramount to the legal system, and for such reason, statutes of limitation exist and are stringent. Therefore, if you’re considering a Trust or Will contest, it is vital to adhere to deadlines, as failure to do so can jeopardize your chance of recovering...
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...
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...
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...
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...
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,...