Signs that a caregiver or relative may have influenced a will
For a family that is already grieving, few things can create more tension than discovering a loved one’s will has changed unexpectedly before their death. Sometimes, those changes truly do reflect a person’s wishes. But, in some cases, those changes may have resulted from undue influence. If you suspect your loved one was pressured into […]
What is the function of a pour-over will during probate proceedings?
A standard or traditional will identifies an individual’s beneficiaries and provides instructions for the administration of their estate. Individuals who established trusts may use a trust to replace a will. Their trust can provide better control over the distribution of property and can even help protect resources from creditor claims and other issues. Occasionally, people […]
How testamentary capacity can lead to estate disputes
When someone wants to draft an estate plan, one key element is that they have testamentary capacity. This often means that they can demonstrate the cognitive ability to understand their decisions and show that they are of sound mind. An estate plan is a binding legal document, so it is necessary that the person truly […]
2 facts to know when removing a family member as an executor
When your family member files a petition for probate after a loved one’s death, the initial reaction is often relief because there is an executor who will handle the estate. But when months pass without updates or you suspect the estate’s value is shrinking, that relief can quickly turn into anxiety. As a concerned beneficiary, […]
Can your family just ignore your living will?
Part of making an estate plan may include making future medical decisions. One way to do this is with a living will. It allows you to make decisions in advance about things like using a feeding tube, being kept on life support, being resuscitated and other matters of this nature. If a medical emergency happens, […]
Who has standing to challenge a will?
Not just anyone can challenge a will. They must have proper legal standing and a vested interest in the estate plan. In other words, they need to be affected in some way to have the legal grounds to challenge the details of the plan. Generally, these individuals fall into four categories: Family members – Often […]
What is undue influence?
A person who makes an estate plan should be of sound mind and body. The contents of their estate plan should be strictly based on their own wishes and what’s legal. It’s against the law for anyone with authority or power over an individual to try to influence the instructions in their estate plan. If […]
When defective accounting threatens your inheritance
When a loved one passes away, the distribution of their estate is often handled through probate or trust administration. Heirs and beneficiaries expect a fair and transparent process, but sometimes defective accounting can put an inheritance at risk. Whether due to errors, negligence or intentional misconduct, improper financial management can lead to missing assets, unpaid […]
3 ways of proving lack of testamentary capacity
When contesting a will, proving that the deceased lacked testamentary capacity at the time of execution represents one of the most common and potentially successful grounds for challenging the document’s validity. Successfully challenging testamentary capacity requires demonstrating that the testator was not of sound mind when signing the will. This involves showing that mental impairment […]
Undue influence and a position of power in estate planning
Undue influence is sometimes a reason for litigation over an estate plan, a will, or even a trust. Essentially, it is an allegation that someone else influenced the person who was creating that plan. They would not have set the plan up this way on their own but were unfairly influenced by an outside party. […]