Right of Survivorship is a tool used in estate planning to protect the intent of a decedent regarding real estate property and other jointly held properties. Here’s a quick overview. Right of Survivorship Definition The right of survivorship refers to the legal right held by a joint tenant, often a spouse, to claim real …
Whether you’re seeking to contest a family trust, or defending a family trust dispute, it’s important to contact a trust litigation attorney near you as soon as possible to help improve the chances of winning your case. Here’s a guide. Can a family trust be contested? Yes. Contesting a trust is very common in California …
Undue influence in families is an act of abuse, often by heirs victimizing their elderly parents or other family members to increase their will inheritance or trust fund distributions. Undue influence can be actual or implied, and proving undue influence is the responsibility of heirs, beneficiaries, trustees of trusts, and administrators or executors of wills. …
To win a partition action can take anywhere from a couple of months to reach a settlement agreement to a year or more if it goes to a court trial. The vast majority of partition actions settle out of court, which reduces the time frame from filing to resolution, and makes funds and/or property available …
Settlor of Trust, Successor Trustee, Trustor, Administrator of Trust are common terms in estate planning and trust litigation. What do they all mean? Here’s a 5-minute guide to understanding their meanings, and how they may affect you. What is a trust, trustor, and trustee? Generally, a “trust” refers to a revocable living trust. …
Meanings of Settlor of Trust, Successor Trustee, and Trustor Read More »
Disinheritance is quite common. Spouses, children, stepchildren, adopted children, domestic partners, etc. can be disinherited in many states. Not surprisingly, disinheritance often leads to those disinherited contesting the will, trust, codicil or amendment that disinherits them. Whether you’re a disinherited child, a disinherited spouse, an individual seeking to disinherit someone, or someone who is involved …
Contingent beneficiaries, remainder beneficiaries, remaindermen, and secondary beneficiaries have rights to estate or trust assets, but those rights are contingent upon the inability to distribute the assets to the primary beneficiary. Here’s a guide. What is a contingent beneficiary? A contingent beneficiary – sometimes called a remainder beneficiary, a remainderman, or a secondary …
If you suspect a sibling is stealing from an estate or trust in which you are a beneficiary, you very likely need the protection of a trust litigation attorney. Unfortunately, sibling theft is an all-too-common occurrence. Fortunately, an experienced trust litigation attorney can usually help recover stolen assets, and quite possibly have your sibling disinherited …
Can a trustee remove a beneficiary from a trust? Yes. Is it common? No. Upon the death of a decedent, most trusts become irrevocable. An irrevocable trust is intended to be just that: Irrevocable. That means the individuals creating the trust intended its assets for the beneficiaries, without change. Sometimes, however, we see married couples …
Can a Trustee Remove a Beneficiary from a Trust? Read More »
Disinheriting a spouse can be a fundamentally simple – but realistically flawed – process: Simply ask your spouse to sign a contract (e.g. a prenup or postnup) wherein they agree to be disinherited — and to receive none of your estate assets. The challenge is obvious: Most of the time when the topic of assets …
Undue influence and duress are frequently cited in probate and trust litigation. Both are used by abusers as a means to gain the favor of wealthy spouses and family members, with the goal of getting more estate assets. What is undue influence in wills and trusts? While undue influence can be cited in …
The #1 Difference Between Undue Influence and Duress Read More »
As a pretermitted child, you likely have legal rights to an estate inheritance. Here’s a simple guide to help you get started in the process to get your inheritance. What is a pretermitted child or omitted child? A pretermitted child simply is a child who was born to a decedent after the decedent’s …