How Is a Trustee Removed?
If you have questions about how the trustee of your family trust is acting, you may want to consider having them removed. However, removing a trustee can be a costly and challenging process. Once appointed, trustees have numerous rights and responsibilities. However, they typically do not have the right to quit being a trustee without […]
Can You Contest a Will if Someone Has Dementia?
Key Takeaways Introduction A person can contest a will if they believe the person who executed it was suffering from dementia or Alzheimer’s at the time. However, whether the testator’s dementia is sufficient to invalidate the will depends on many factors, such as the nature and severity of their dementia symptoms. Is a will legal […]
Can the Executor of a Will Take Everything?
Executive Summary Introduction A will’s executor is responsible for managing and administering the estate as outlined by the terms of the will. An executor has significant responsibility, but they are limited in their power and have a duty to only act in the best interest of the estate. If they breach this duty, then you […]
Can an Executor Override a Beneficiary?
An executor can override a beneficiary if they need to do so to follow the terms of the will or the probate laws of the state in which they are administering the estate. Executors are legally required to distribute estate assets according to what the will says and follow state probate laws. This means that if a beneficiary disagrees with the distribution […]
What To Do If a Will or Trust Was Changed
If your loved one unexpectedly changed a will or trust, you might be wondering what to do. Or perhaps a family member recently passed away and the property distribution was drastically different from a previous estate plan, or what you were told to expect. These types of situations are highly sensitive and emotional, especially if […]
The Ultimate Guide to Duress and Estates
Duress and claims of duress often come into play in estate conflicts and trust litigation. For example, if a will or trust is changed to favor one beneficiary over another, it’s common for the negatively affected heirs to investigate why they’re missing out on their rightful inheritance. We see cases every day in which duress […]