What Is a Breach of Fiduciary Duty Lawsuit?
A fiduciary duty is a legal obligation that one party has to another to act in their best interests. This duty is typically seen in relationships where there is a power imbalance, such as between the trustee and beneficiaries of a trust or an executor and the beneficiaries of an estate. When acting as a […]
How Do I File an Objection to Probate Petition?
To file an objection, you or your attorney must submit an Objection to Probate Petition to the probate court where the petition for probate of the will was filed. In doing so, you will need to follow the local filing rules for that court. Because objecting to probate and contesting a will typically involves technicalities […]
How Long After a Person Dies Will Beneficiaries Be Notified?
How long after a person dies will it take for beneficiaries to be notified depends, in part, on the estate planning that the deceased person did. If you are the beneficiary of a trust, you are supposed to be notified within 60 days of the death of the trustmaker. If you are the beneficiary of […]
What Happens When a Beneficiary Is Living In an Inherited House?
Inheriting real estate with other people can be challenging, particularly when one of the beneficiaries is living in the house owned by a deceased loved one. This scenario commonly occurs when siblings jointly inherit their parent’s home and one of the siblings is living in the home—this situation can lead to increased family tensions during an already […]
What Is a Petition for Determination of Descent/Heirship?
Executive summary Introduction When a beneficiary or heir is either left out of a probate petition or believes they should be entitled to receive some benefit from an estate, they can file a Petition for Determination of Descent, also sometimes referred to as a determination of heirship. Through this petition, they can request that the […]
What Is Considered Property for Someone Who Died?
When someone dies, their property must be passed on to their heirs and beneficiaries. Everything that a person owns individually will be considered their property upon their death. This includes personal property such as cash, stocks, vehicles, clothes, furniture, and jewelry, as well as real property such as land and buildings. Some assets will be […]