Author Archives: [email protected]
Tips When Leaving Money or Assets to Charity
When creating an estate plan, many people, generously, want to provide some money or assets to charity. But just saying you want to leave money to a charity and picking that charity isn’t enough. That’s because there are a number of different ways to leave money to a charity, and thus, when creating an… Read More »
Can You Challenge a Gift Made to a Charity in a Will?
When we think of will contests or probate court disputes, we often think about two people, usually family members, one of whom is upset that the other received something through the will that the other didn’t think he or he should have received. But it doesn’t always work that way. Sometimes, a party to… Read More »
Are Ex Spouses Always Written Out of Wills? Not Always
Let’s assume that you are married, and you have a Will that includes your spouse. Was that Will made before you were married, or after you were married to him or her? It turns out, that distinction has a big legal impact in probate court. A Will Executed While Married The law says that… Read More »
Using Constructive Trusts in Probate Court
In a traditional trust, no matter what kind it is, property is often held by the trust, and managed by a trustee, for the benefit of whomever is supposed to benefit from the trust proceeds or assets. What About Constructive Trusts But unlike those kinds of trusts, which are purposely created by the creator… Read More »
What to Do When You Inherit a Home With a Reverse Mortgage
Reverse mortgages have a dichotomy to them. On the one hand, they are definitely a “need now” product, in that they help someone of advancing age pay their bills or live the lifestyle that they want to live in, right now. But by doing that, reverse mortgages can also negatively affect beneficiaries, those who… Read More »
Health Care Surrogacy and Probate Court
Many of us when we think of estate planning or probate, think of our items or assets, and who will get them. But probate and probate courts aren’t just about distributing inheritances. Sometimes, the living may also have legal matters in probate court. Medical Care for the Incapacitated Such is the case when someone… Read More »
Can a Husband or Wife Exert Undue Influence on Someone Who Makes a Will?
Marriage, and the relationship between a husband and a wife, is one that seems to make it difficult to prove that a decedent’s free will was altered by the undue influence exerted by his or her spouse. On the one hand, undue influence is shown when someone exerts so much pressure or authority over… Read More »
The Use of Property and Business Appraisers in Probate Cases
One of the most important parts of a probate case, is assigning a value or worth, to the property in the estate. This is important first, because the value will determine whether a probate case is even needed in the first place. It also may be important because for property that needs to be… Read More »
What is a Probate or Will Contest Really Like?
The goal of a good will or estate plan, is to avoid a contested probate challenge. But probate challenges can and do happen, and when they do, many times the personal representative, and the beneficiaries of the will, are not prepared for what comes next. What’s the Goal? Probate challenges are not heard by… Read More »
Buying and Selling Property in Probate
Real estate plays an important role in probate cases. You are generally one of two people. You either are the personal representative, and you are seeking to sell real estate, so that you can distribute the assets to the named beneficiaries. Or you are a potential buyer, trying to get a good deal on… Read More »
