The Guide to Mediation of Estate Disputes
Estate disputes that occur after a loved one passes away can be painful and exhausting, emotionally and financially. It’s for these reasons we often recommend that our clients participate in mediation to resolve their issues. In this guide to mediation of estate disputes, we’ll cover the primary things you need to know about how mediation […]
The Beneficiary’s Guide to Dynasty Trusts
If you’re the beneficiary of a dynasty trust, you might not know what to expect. Dynasty trusts are complicated legal structures, and it makes sense that you might be a bit confused. Below is a quick guide to understanding dynasty trusts. What Is a Dynasty Trust? A dynasty trust is a type of irrevocable trust […]
The Professional Trustee’s Guide to Estate Contests and Disputes
Key Takeaways Introduction Estate and trust contests are common when there are disagreements about the terms of a trust or questions about whether a trust accurately reflects the wishes of the trust creator, also known as the trustor. A trust creator must follow specific criteria in order for their trust to be considered valid and […]
The Fiduciary’s Guide to Conflict of Interest Claims
Fiduciary conflict of interest claims are very common. Conflicts of interest can be a confusingly grey area for fiduciaries, especially when they are also a beneficiary. Trustees, executors, conservators, and power of attorney agents (also called an attorney in fact) often don’t know they even have a conflict of interest, or have committed any type […]
How to Remove a Successor Trustee
Removing a successor trustee is possible, and generally requires filing a petition for removal, while working with a trust litigation attorney. For trust litigators, a common question is whether a successor trustee can be removed or replaced. Successor trustees don’t always manage the trust effectively, or respect the grantor’s true wishes. Sometimes successor trustees will […]
Can a Successor Trustee Change or Amend a Trust?
Generally, a successor trustee cannot change or amend a trust. Most trusts are initially managed by their creator or original trustee, while they are still alive and competent. But after their passing, a successor trustee must step in to take legal title to assets and administer the trust according to its terms. Many successor trustees […]