Alternatives To Probate Litigation?
Confusion and conflict are unfortunate, but sometimes unavoidable upon the death of a loved one. Before pursuing courtroom resolution via probate litigation, consider negotiation or mediation, with the assistance of an experienced probate attorney….
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Probate Litigation Explained
While probate is the ordinary public process that settles our affairs when we die, probate litigation refers to legal contests requiring courtroom resolution. Examples of probate litigation include challenges to a will and lawsuits…
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Trustee Duties: Disclosure and Accountability
When a trust is created, one or more trustees must be appointed to administer it. Far from being an honorary role, a trustee is obligated to manage the trust in accordance with the terms…
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Estate Law and Pets?
For many people, pets are beloved companions, but in the eyes of the law, cats, dogs, and other feathered, scaly or furry friends, are, in fact, just like jewelry and clothing: personal property. Read…
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Irrevocable Trust: Pros and Cons
Given the relative ease of set-up and their flexibility, revocable trusts are a popular and convenient estate planning tool. Despite the scarier name and implications, however, irrevocable trusts can also turn out to be useful,…
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Back Up Plan: Fiduciaries!
One of the most important aspects of estate planning is the designation of fiduciaries: the people entrusted to manage our affairs, in accordance with our intentions. Because life takes twists and turns, attorneys advise naming…
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Probate Bonds Explained
Courts frequently require the person appointed to handle the affairs of the deceased to obtain a probate bond, which acts as a guarantee that debts and assets will be properly handled in accordance with state…
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In Terrorem Clause?
When a will is created, an in terrorem clause, also referred to as a no-contest clause, can be included to prevent disputes about the provisions made in the will. Because disputes can drain time and…
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Probate Vs NonProbate Assets?
The process of probate is somewhat like a funnel: upon death, assets pass through, so that decisions about where they end up are formalized, publicly and on the record. However, if beneficiaries have been named…
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