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When a loved one experiences loss, the primary concern is naturally to care for their emotional well-being. Still, you need to be aware of potential threats to their financial security. Unfortunately, some individuals see grief as an opportunity to manipulate estate...
Trust is the foundation of any fiduciary relationship, especially between appointors and trustees. Unfortunately, some trustees fail to perform their duties, which can seriously affect beneficiaries. Understanding the elements of a fiduciary duty breach claim against...
It can be typical for individuals to prepare when expecting to pass on in the near or distant future. Sometimes, an illness or old age can spur someone to create arrangements, considering they are already foreseeing legal issues that could arise after their death....
Undue influence is a fraudulent act where a person resorts to duress, force or coercion to impact another person’s action and decision. This often happens when a party gets the concerned individual to change the will to benefit them, taking advantage of the testator’s...
When someone dies, their will can take effect and help guide what happens to their estate. However, this period can also be the right time for the deceased's beneficiaries to raise issues involving the will, impacting its enforceability and validity. There can be...
During the grieving process, the emotions of family members are high. Reading the last will and testament among family members and close friends is a vulnerable situation. While it should serve as closure and the first step to moving forward, it could also create a...
Generally, testators are free to choose who they want to assign as beneficiaries in their wills. Family, relatives and other interested individuals cannot challenge the document’s validity solely for the reason that they find it unfair or believe the testator should...
Trust litigation is often necessary to settle disputes regarding the creation, administration or distribution of a trust. A grantor or settlor creates a trust to protect their family and estate. They name a trustee to manage the trust and distribute the assets to...
The person who controls a trust is called the trustee. If you’re choosing a trustee, or if you’re a beneficiary of a trust, one concern is how much that trustee gets paid for managing the assets for the benefit of the beneficiaries. The answer depends on the terms of...
When testators have families, they usually include their spouses and children as beneficiaries of their wills. Consequently, a child not being part of the document raises doubts as to the will’s validity. This situation brings up the question of whether it can be a...