Steps to take if you suspect undue influence in a family will
The death of a loved one is always difficult — discovering their will does not seem to reflect their life or expressed wishes can make things even worse. Now, you must wonder if someone interfered with your loved one’s final wishes and if you should challenge the will. This is called undue influence in the […]
What is a defective accounting probate claim?
A defective accounting probate claim can arise when there are discrepancies, errors or omissions in the financial records provided by an executor or administrator of an estate during the probate process. This particular kind of legal action acknowledges that accurate accounting is important for ensuring the proper distribution of assets to beneficiaries and creditors. During […]
Tips to reduce probate costs
Probate occurs when your estate is administered after you die. It ensures debts are paid and assets are distributed to beneficiaries. This process can sometimes be lengthy and costly. However, if you plan carefully, it is possible to minimize these expenses. Create a comprehensive estate plan One of the most effective ways to reduce probate […]
Why would a primary caregiver use undue influence?
Undue influence is a form of manipulation. An elderly person wants to write their estate plan in a certain way. Someone else uses undue influence to get them to change that plan. This is similar to drafting a fraudulent document, but the difference is that the elderly person does actually make the changes – they […]
Unequal bequests could increase the odds of estate disputes
If you are writing an estate plan, you are not obligated to make things equal. There is no legal requirement to leave the same amount of assets to all of your beneficiaries. If you want, you can certainly use unequal bequests. Although it is definitely up to you what you do with your estate, it […]
What happens when someone leaves multiple wills?
It’s perfectly normal for people to create more than one will during their lifetimes. After all, the provisions placed in a will when someone is in their 20s or 30s may look drastically different than the provisions that person wants in their wills once they’re in their 70s or 80s. What happens, however, if more […]
What does undue influence look like?
Undue influence can be a problem when it comes to estate administration. The estate executor may read the will and feel like it heavily favors one individual. Maybe there have been last-minute changes that allot a significant portion of the estate to that person. The executor may wonder if they used undue influence to get […]
Dealing with student loan debt after a loved one passes away
With student loan debt following Americans increasingly later into their lives, more families are finding that their loved ones still had student loan debt when they passed away. Different types of debt are handled in different ways after a person dies. Some must be paid by the estate or possibly even relatives, while others go […]
Recognizing and acting on testamentary capacity concerns
When a loved one passes away, the emotional toll can be overwhelming. Amidst the grief, families often face the daunting task of managing the deceased’s estate. Sometimes, concerns arise about whether the decedent had the mental capacity to make sound decisions regarding their will. When the concerns are valid, worried loved ones may be able […]
Do you inherit your parents’ final bills?
Your parents passed away, and they have named you as the estate administrator or executor. They did leave you a will, which is very helpful. It tells you how to distribute their assets. Some beneficiaries may already know what to expect, so you just follow the instructions and things should go relatively smoothly. That being […]