A last will and testament should protect the interests of the heirs and beneficiaries of the testator. However, when the testator dies, they no longer have control of the estate administration process. They are not there to verify whether the estate administrator or...
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Signs your trustee breached fiduciary duty
A breach in fiduciary duty would mean either the trustee has overstepped their authority and/or failed to act in the best interests of the beneficiaries. If there has been suspicious activity concerning the management of your trust, you may want to investigate the...
How can you remove an executor who is violing their fiduciary duty?
When a loved one passes away, you hope that the person named as executor in the will is trustworthy and honest. But what can you do if they are not? If you suspect that the executor of your loved one's will is acting dishonestly, there are actions you can take. What...
Can I contest a will?
The court divides a deceased person's property and assets through a process called probate. The court will follow the wishes of the decedent if that person left a will, but sometimes this process can unveil unpleasant surprises. If you believe a will is invalid, you...
What are the major classes of estate disputes?
When someone dies, interpersonal conflicts sometimes surface. As estate planning differences develop, the arguments are often heart-wrenching. The best way of avoiding estate battles is by making sure asset planning is in proper order. Hire a professional to check...
Tips for preventing family disputes during estate planning
Putting together your estate plan can help you protect your interests and make your wishes known regarding your assets. But many people have yet to take this important life step. According to a survey conducted by Caring.com, only 4 out of 10 people in the U.S. have...
Can you contest a living will?
Planning for end-of-life care and emergency medical procedures can be difficult. After all, when a person is healthy, serious illnesses and injuries can seem like abstract concepts. Still, creating a living will is one of the more effective ways to maintain control...
Understanding the role of undue influence in will contests
When you anticipate inheriting a certain amount or certain assets when a New York loved one dies, you may be in for an unpleasant surprise if things do not play out as you expected. You may not challenge a will simply because you disagree with how its author chose to...
3 signs of potential undue influence in your father’s will
If your father died with a will in place, he had done more estate planning than most. In fact, according to a recent study, roughly 66% of those over the age of 55 have not drafted even basic will. Reading through your dad's will, of course, probably tells you exactly...
Fiduciary duties and estate litigation
Whether you are battling negative emotions because the executor of your loved one's estate failed to respect your rights as a beneficiary or you face allegations of wrongdoing as someone in charge of an estate, it is very important to take a careful look at your...