An estate’s personal representative introduces the deceased’s will to the county probate court after the testator dies. If you wish to challenge the will, you may file a claim with the court. The probate judge, however, could ask to see proof that supports the...
Month: August 2022
Intestate succession and inheritance as a surviving spouse
If you recently lost a spouse and he or she did not have an estate plan in place at the time of their death, it is pivotal to understand what happens next. When someone dies and they do not have a will, they died intestate, and you need to familiarize yourself with...
How can you pass on your family business?
If you own a business you want to pass down through your family, you must focus on building a succession plan as soon as possible. If something happens to you, your family may not know what to do with your company. Without a succession plan, you cannot predict the...
Have you created a succession plan for your business yet?
Your dedication to the management of day-to-day operations is probably a major reason for the success of your company. But what will happen to the company when you are no longer here? As a business owner, you may find the time has come to create an effective...
Can you stop an executor from breaching fiduciary duties?
Like most children, you have dreaded the day when your parents die. Now that the day has come, you depend on their executor to manage your parent's assets and distribute them according to their estate plan's instructions. The executor's fiduciary duty requires him or...
Can the court remove a personal representative?
When creating their estate plans, people often name others to serve as their personal representatives or estate executors. Some choose family members, while others name friends, members of their religious communities or other trusted connections. In their capacity as...
How much should your executor know about you finances?
If you are writing a will or creating a comprehensive estate plan, you eventually must settle on an executor. Your estate's executor is simply the person who deals with your assets and debts after your death. Your estate plan should provide explicit instructions for...
Lonely nursing home residents are vulnerable to undue influence
Moving your elderly parents into a nursing home was probably one of the more difficult decisions you have ever had to make. After all, the move took your mother and father away from friends, family members and others. Even though you call frequently and visit as often...
Do you know how to handle creditor claims during probate?
When a loved one appoints you as the personal representative of an estate, you have several responsibilities during probate. One of the crucial elements is handling creditor claims. While disseminating an estate as set out by the deceased, things may crop up that you...
What can you expect to feel when contesting a will?
Few family disagreements have the potential to become more bitter than those that involve estate plans. After all, the stakes are often incredibly high for family members, with some perhaps even standing to lose out on their inheritance completely. If you do not...