An executor is responsible for carrying out the terms of a will. They must act in the best interest of the estate and its beneficiaries. When an executor fails to meet their legal responsibilities, this may be considered a breach of duty. Breaches of executor duties...
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Probate Litigation
Probate litigation can help spouses left out of wills
In many families, spouses structure their estate plans in a specific manner to protect one another. One spouse may intentionally name the other as the main beneficiary of their most valuable assets. They may hold title to certain resources jointly to ensure that a...
Does a no-contest clause mean you cannot challenge the will?
You are considering challenging your parent’s estate plan. Perhaps you believe that another beneficiary used undue influence, so the will is not an accurate representation of what your parent wanted. Perhaps they allotted far more assets to that beneficiary than they...
Proving undue influence to challenge an estate plan
The family members of someone who has recently died sometimes feel compelled to take legal action against their estate. In some cases, there is clear evidence that an older adult had already experienced significant cognitive decline when they drafted or updated their...
Ways to prevent probate disputes among family members
Navigating the aftermath of a loved one's passing can be emotionally draining. When probate becomes a battleground for family members, it can add another layer of heartache to an already difficult time. Probate disputes can stir up tensions, create new rifts and...
When might a will be contested?
A will can ensure that your assets are distributed in a manner of your choosing. After you pass, this can help your family to remain financially secure. Additionally, if you have been generous to charity in the past, this legacy can continue through your will long...
Alzheimer’s and will contests
When someone is a child, they are not considered to have testamentary capacity. This is why someone who is under 18 years of age generally cannot write a will. They are not considered to have the mental capacity to do it at this time. Once you're over 18 years of...
Blended families increase the odds of estate disputes
Blended families are becoming more and more popular in the United States. This has a lot to do with the fact that half of all marriages end in divorce, and many of these people get remarried. They both bring children from their first marriage and create a blended...
How do you know when to contest a will?
People create an estate plan so their loved ones know what their wishes are for their assets. While most estate plans are made without any issues, there are some instances in which they’re created under illegal circumstances. This includes things like making the...
Is probate taking too long?
If you are a beneficiary in a family member’s will, probate might feel frustrating. As far as you are concerned, the deceased’s wishes were crystal clear, so why is it taking so long to receive what they wanted you to have? The first thing to remember is that probate...


