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. …
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 »
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 »
Most states allow for a parent to disinherit a child. Those that do not still allow for partial disinheritance. Whether fully or partially disinherited, a child may still have rights to their inheritance. They key is to prove the child was disinherited for unjustifiable reasons, the parent lacked capacity when they disinherited the child, the …
The Disinherited Child’s Guide to Getting an Inheritance Read More »
A partition action allows a co-owner of a property to force a sale of the property, so they can take their share of the proceeds. However, in some cases, the other co-owners may not want to sell the property. While it’s very difficult, legally, to stop a partition action there are alternatives. What is …
For your trust to work as intended, it must avoid future trust contests and disputes amongst heirs and beneficiaries. Here are a few tips I’ve learned from experience that should help your trust avoid future trusts contests and disputes. First, how do I set up a trust? A living trust or family trust …