by Inheritance RecoveryTrustee Removal: Reasons to Remove a Trustee
There are many benefits to starting a trust, and the person placed in charge of managing the trust on behalf of its beneficiaries is called the trustee. In most situations, the trustee manages the trust well and in the beneficiaries’ best interest; however, sometimes situations arise that necessitate the removal of a trustee. Courts only allow for the removal of a trustee under specific...
by Inheritance RecoveryIn order to have a legally recognizable will
Creating a will and estate plan can be beneficial for both you and your heirs, but in order to have a legally recognizable will, certain steps must be taken in order to validate its contents. Known as will formalities, these procedural steps ensure that your will is made legally under the law and minimizes the chances of issues like mental capacity, undue influence, or fraud from impacting...
by Inheritance RecoveryHow Long Does it Take to Challenge a Will?
The loss of a loved one is never easy, and matters can be further complicated when there are issues with the will. If you believe that a lack of mental capacity, undue influence, fraud, forgery, or another issue renders a will invalid, you may have a valid claim for challenging that will. One of the most common questions people ask when determining whether to contest a will is, “How long does...
by Inheritance RecoveryUnduly influenced when creating a will
The reading of most wills is a fairly unsurprising experience. Oftentimes, our elderly loved ones will share the contents of their estate plan ahead of time or will have their estate distributed as expected to family. However, in some situations, the will may distribute the assets of the estate unexpectedly or strongly favor one person who recently entered or reentered your family member’s...
by Inheritance RecoveryWhat to do When You Suspect a Will is Forged
The passing of a loved one is never easy, but some of the burden of the loss is mitigated by the drafting of a will and estate plan. Oftentimes, the deceased will have discussed their estate plan with family members, so the reading of a will is usually a fairly uneventful and unsurprising affair. However, on occasion the contents of a will can vary significantly from what was discussed and be...
by Inheritance RecoveryExamples of Will Contest Situations
When a loved one passes away, his or her estate goes to probate to be administered according to the estate plan or state law. If that person had a final will and testament or other estate planning documents, the executor of the estate will distribute assets as ordered in the will. But what if someone disagrees with the will and decides to contest the estate plan? Below are some of the most...
by Inheritance RecoveryChallenging a Will: Why Speed Matters
After the death of a loved one, his or her estate goes to probate and the assets are distributed to the heirs and beneficiaries according to the wishes outlined in the final will and testament. In the vast majority of cases, this process runs smoothly and without issue. What if you suspect that, due to a lack of capacity, undue influence, or other reason, the final will and testament of your...
by Inheritance RecoveryWhat Happens When a Sibling Disputes a Parent’s Will?
The death of a parent is often a painful and traumatic experience. It can also cause or deepen rifts between siblings, especially once issues of inheritance and estates are discussed. In the most serious cases of sibling discontent, a sibling may choose to contest the final will and testament of the parent in order to obtain a greater share of the parent’s estate. If this is the case with your...
by Inheritance RecoveryWho Pays My Legal Costs for Contesting a Will?
After a person passes away, his or her estate goes to probate, and if that person wrote a final will and testament, the estate will be distributed in probate according to his or her wishes. There are times when a person wishes to contest a will because he or she believes that there is an issue with the estate planning documents. Some of the most common causes for contesting a will include...
by Inheritance Recovery