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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...
As your parents or relatives age, you may worry about their vulnerability to manipulation. Undue influence is a grave concern that can affect elderly or vulnerable individuals. It can lead to changes in their estate plans or financial decisions. Understanding the...
When studying options for end-of-life estate planning, a will is one of the most effective legal tools at your disposal. It allows you to ensure that your loved ones inherit your assets. While the contents of your will are crucial, it is just as important to pick a...
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....
When establishing guardianship, not only do you have to decide who to nominate as guardian, but also whether to nominate the same person or separate individuals for your loved one’s care and their financial management. If you are unsure about the situation, here are a...
Establishing a trust can be challenging, especially when the settlor has no idea what will happen in the future. At some level, they may be able to foresee problems and scenarios, helping them create a setup that can stay applicable for a long time. Other times, the...
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...
Taking on the role of a guardian for an elderly parent is a big step. While you may be considering this decision out of love and care, you must also be prepared for the many challenges you may encounter from such a commitment. The changes guardianship brings will...
One of the most potent legal documents is the power of attorney (POA). It grants authority to an agent to act on behalf of the principal. In estate planning, a POA can authorize the agent to give directives for the estate owner’s health condition. It may also allow an...