What is Probation Litigation?
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Probate litigation refers to any contested issue that arises when deciding how the contents of a will or trust are to be administered after someone passes away. A will is a legal document detailing how someone would like their assets and/or possessions to be distributed after they die. A trust is a legal relationship in which one party or trustee is given power over...
Losing a loved one is painful and difficult. In addition to the emotional impact, losing family members or friends often means that their loved ones often have to take care of their affairs after death. This includes dividing any remaining assets in accordance with the deceased family member’s will. While a will can be a helpful way for family members to simplify the affairs of the deceased, sometimes there will be no will for them to use after...
It’s no secret that the elderly are an underserved and often underappreciated portion of the community. The Elder Advocate movement calls for a new standard of treatment, law, and social work to be standardized by the legal industry in order to better care for and value elderly citizens.The Elder Advocate movement seeks to provide more protection than that of a mechanical court procedure.Elder advocates seek to make standard the provision of...
It sounds like fodder for a soap opera, but it happens far too often in real life: a sudden last-minute revision to an estate plan, made by someone possibly of unsound mind, that leaves a huge amount of money to a suspicious party.Undue influence is a form of elder abuse. The undue influencer will manipulate the estate holder, turn them against family members, and convince them to sign over a large share of the estate.Signs of Undue InfluenceIf...
A fiduciary is the person you will need to manage your finances when you, yourself, can’t. That being said, it truly is a thankless job as the fiduciary is only responsible for funds that don’t even belong to him/her. However, a fiduciary is the most important person for you in making those key financial decisions. Why? Because if you choose a fiduciary who isn’t ethical, trustworthy or competent, your money runs the risk of either...
Aside from certain legal tax avoidance issues, a “defective” will or trust sometimes is a will or trust document with legal insufficiencies and errors that would otherwise make the content null and void and ultimately un-actionable for the deceased. This could be a result of carelessness and human error, often occurring due to DIY estate planning kits and forms.One Example of a Defective Will or Trust: California Holographic WillA holographic...
Six 6 Steps to Protecting Your Loved Ones
Planning for the future can mean different things to different people. However, while we may work toward goals such as securing financial stability or obtaining adequate health care while we are alive, we can sometimes neglect the future that comes after we are gone. That's where estate planning comes in.
Should something happen to you, a properly prepared estate plan can ensure your loved ones are...
When someone dies, emotions can run high when assets and debts of the deceased must be dealt with. A will can help ease this process, but when the deceased is without a will, survivors of the deceased will have to work with a probate court. Here is an overview of the process and important terms that you will need to know.
Prepare For Probate Court
This is a court dedicated to the state’s legal process that handles the assets of the deceased. If...