Category Archives: Estate Planning (Wills, Trusts, Deeds, Business Succession)
Understanding Mental Incapacity When Drafting Estate Documents
One way that many wills and estate plans are often challenged, are through the allegations that whomever drafted the estate plan or amendments to it, lacked the mental capacity to do so. People must be mentally competent to make changes to a will or estate plan, or to draft estate documents in the first… Read More »
What Does It Mean To Lack Capacity?
Imagine this happens: You expect to get an inheritance from a will. You know that the deceased was losing focus in the last years or months of his or her life; he or she may have shown some cognitive decline, and may even have had trouble taking care of his or her affairs. Then… Read More »
Signs Of Undue Influence In Estate Planning
When challenging a will, trust, state plan, or bank account designation, one major way that people will challenge it, is “undue influence”. This is where someone else exerts pressure or influence that is so great, the person making the will is essentially coerced into making the changes that the other person wants-changes that usually… Read More »
When Should You Use A Power Of Attorney, Or A Guardianship?
When it comes to tools that people can use to avoid a contested estate when they are gone, or to avoid fighting when they are incapacitated, a Power of Attorney can be a valuable tool. But in many ways a Power of Attorney overlaps what a guardianship does. What is the difference between these… Read More »
Is A Verbal Promise To Leave Something To Someone In A Will Enforceable?
Imagine that you have a friend, who is older. As your friend gets older you help him with his day to day activities, help him take care of his home and help him with his finances. You are certainly not doing it for any money or payment, but he promises you that in return… Read More »
Are No Contest Clauses In Wills Enforceable?
Let’s say that for some reason, you feel that what you received through a will or through an inheritance was unfair, wrong, or that the person that made the will, may not have known what he or she was doing. You decide that you should challenge the will in court. However, when reading the… Read More »
What Are Your Chances Of Winning A Challenge To A Will?
Let’s say that someone that you love passes away. To your shock you are left out of the will or other estate documents. Will you win your case? What are your chances of winning a will contest? Case by Case Basis Like any case, a will contest is contested, adversarial litigation, and your chances… Read More »
Probate And Estate Legal Issues After A Divorce
When you are in the middle of a divorce, the last thing on your mind will probably be estate planning, or probate matters. But many things in a divorce can affect your estate plan, and make an otherwise rock solid estate plan, vague, confusing, and possibly, the subject of contested probate litigation down the… Read More »
What To Do If You Were Omitted From A Will
Imagine this: You have a loved one that you have cared for, and he or she has cared for you. He or she has said that you will be in the will, and given that you are family, you naturally would expect that to be the case. But later, upon passing, you learn that… Read More »
Do I Lose The Right To My Spouse’s Inheritance If We Divorce?
Administering someone’s estate after they die can be a complex task, particularly when major life changes have occurred since the will was written. This comes up most often in the context of a divorce. If someone prepared their will before or during their marriage and left assets to their now ex-spouse, will their ex-spouse… Read More »