Like contesting a will, disputing a trust is an emotionally charged and complex issue. While trust disputes are not as common as will contests, they do occur and are often based upon the same type of issues. 1. The legality and validity of the trust itself. With the plethora of online tools to create a trust, there can be legal issues that occur with improperly prepared documents as well as documents that may not reflect the true intentions of the person creating the trust. 2. Removal of … [Read more...] about Estate Litigation: Why a Trust may be Disputed
Creating a will
Creating a will is the cornerstone of estate planning – a will names a guardian for minor children, names an executor for an estate and allows you to distribute your property. While wills are certainly critical, they are not the place for all of your estate planning directives. Some of the issues that should not be addressed in a will are: Medical Directives A will is not read until after you pass, so advance medical directives, a set of documents that address medical and power of attorney … [Read more...] about Four Things that do not Belong in a Will
When you create a will, you choose who will receive your property, you select someone you trust to act as the "personal representative” or "executor,” and if you have children under 18 years of age, you appoint the person you want to be their legal guardian if you die. Creating a will is the cornerstone of an estate plan, but can this be done using a statutory will? A statutory will is a “fill-in-the-blank” form that is simple to complete, inexpensive to prepare, but very limited in its use. A … [Read more...] about What are Statutory Wills?
Creating a will is the cornerstone of estate planning, don’t underestimate the need for a valid, legal will. It is necessary, even if you have a living trust, to name an executor for your estate, to name a guardian for any children under the age of 18 and to distribute or ‘pour over’ any property not owned by a living trust. The popularity of do it yourself will kits and forms has increased over the past decade, but there are four things that may be missing from this estate planning document … [Read more...] about Four Items a Will Should Have