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October 2020 Archives

Breach of fiduciary responsibility must be handled properly

One of the duties that a person has when they're setting up their estate plan is naming a person to handle the estate after their death. The administrator of the estate has various things to do, including making sure that the bills for the estate are paid and that the assets are distributed in accordance with the decedent's wishes.

Why do siblings so commonly fight over inheritance?

The loss of a parent means that children go through a wide range of emotions. They will likely experience denial and disbelief, anger, blame, depression and guilt. These unsettling emotions can manifest themselves in different ways, meaning that in many circumstances, arguments break out between siblings.

Can I exclude stepchildren from my will?

If you are a surviving spouse and you have stepchildren from that marriage, it is likely that your late spouse wanted your will to include them. During your spouse's lifetime, you may have even discussed setting up a trust in which all of your children and stepchildren are named as beneficiaries.

What does it mean to die intestate?

Most people die with some form of estate plan in place. They may have written a simple will, or they may have extensive estate plans in place that include several trusts. However, when a person dies without any form of estate plan in place, it means that they were never able to formally state their wishes during their lifetime. This is referred to under the law as dying intestate, or simply known as intestacy.

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