Posts Tagged: "trust litigation"

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 numerous areas […]

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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 […]

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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 a […]

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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 is generally […]

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