A testator making significant changes to his or her estate plan late in life is often a cause for concern, especially for beneficiaries whose share of the estate has been reduced or eliminated. They may wonder if a new beneficiary is manipulating the testator, whose...
Probate Litigation
Parents fighting over son’s remains, 4 years after his death
Not to be morbid, but death can happen at any time. Younger adults in their 20s and 30s often do not create an estate plan, especially if they are not married or do not have any children. They usually expect to live for many, many years, and in most cases they do. But...
Hiring a probate attorney now can deflect headaches later
For someone who has never been involved in the execution of a will, hiring a probate attorney may seem paranoid or insensitive. So some beneficiaries and trustees go it alone and hope for the best. However, most people are not experienced guiding a will through...
How can undue influence invalidate a will?
Going through probate allows the decedent's will to be executed according to his or her wishes -- if there is not a successful challenge to its validity. The probate process also allows people who believe they were wrongfully denied beneficiary status, or were given...
Claiming household exemption in Florida can be tough for some
Florida remains a popular place to retire for many people from out of state. Some people with sufficient means choose to split their time between two homes: autumn and winter in Florida, spring and summer further north. Being a “snow bird” can be a pleasant way for...
4 reasons a will can be challenged
Not every estate administration goes smoothly after a person passes away. Even if the decedent worked with an estate planning attorney to create a clear, comprehensive plan to dispose of his or her possessions, there could be a challenge from someone who feels that he...
In probate, even what to do with the remains can be a fight
It is important that your estate plan be as comprehensive as possible, to make your wishes for distributing your property as clear as possible. You can also designate someone to have power of attorney in case you are ever incapacitated, and draw up a health care...
Creditor claims after death may arise during probate
Most of us have a combination of assets, like bank and retirement accounts, and debts, like mortgages and auto loans. This likely will be the situation the rest of our lives. Thus, when we die, there may be creditors who are owed money, or at least believe they...
Anna Nicole Smith’s estate denied once again
How many times does a bankruptcy court decide a probate issue? The answer probably is never…unless it has to do with Anna Nicole Smith. The former Playboy model and reality TV star married oil tycoon J. Howard Marshall in 1994. The marriage drew sharp criticism...
Will Casey Kasem be buried in Norway?
Legendary radio DJ and host Casey Kasem will reportedly be buried in Norway. An NBC News report broke the story after a letter written by his wife Jean explained that Kasem thought that Norway symbolized peace and “looked like heaven.” Because of this,...
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