Being the beneficiary of a trust puts you in a position to receive money, property or other kinds of wealth. In fact, a trust income may be crucial to your livelihood. So if the trustee is mismanaging your assets, you will likely want to remove the person from the...
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Estate Litigation
Protecting an estate from breach of fiduciary duty
When a loved one passes away and leaves behind an estate, they entrust a specific person, called a fiduciary, to manage and distribute their assets well. This fiduciary, whether an executor or trustee, has a legal obligation to act in the best interest of the...
3 signs of estate executor misconduct
Estate administration is a delicate process that requires transparency and integrity. The executor, appointed to carry out the deceased's wishes, plays a key role in ensuring a fair distribution of assets. However, misconduct by an executor can jeopardize the entire...
Possible litigation over an insolvent estate
After someone has died, the assets and debts owned by the decedent form an estate. Probate is the legal process of distributing estate property to heirs. However, sometimes creditors make claims during probate to estate assets due to unpaid debts. Matters can become...
Why last-minute will beneficiary changes are questionable
In estate planning, testators are free to modify their wills, especially when changes in circumstances warrant the modification, such as acquiring new property or welcoming a new member to the family. In New Jersey, testators can revise their wills by creating a...
What is a breach of fiduciary duty?
A fiduciary is someone a person entrusts with managing their assets and affairs. In estate planning, this is typically the executor or trustee, the person designated to settle the person's estate and fulfill their wishes according to their will or estate plan. The...
Why should you question the estate plan of a lonely relative?
Loneliness has reached pandemic proportions among seniors in the U.S. In fact, according to the Centers for Disease Control and Prevention, more than one-third of older individuals report feeling lonely. Sadly, loneliness correlates to poor health and even early...
What will happen if I disinherit my spouse?
There is an assumption under the law that you will include all rightful heirs in your estate plan. However, you have the right to decide not to include anyone you want. When you do this, it is disinheriting the heir. While you have the ability to leave your spouse out...
Ways in which a poor executor can lead to court action
In estate planning, the executor of an estate plays a very important role. Most people trusted with this role discharge their duties in full accordance with the relevant legal principles. However, some executors take advantage of the situation or lack essential...
For seniors, isolation and undue influence can go together
For many different reasons, isolation has become a significant problem for senior citizens in the U.S. recently. In fact, according to reporting from Consumer Affairs, 43% of Americans over the age of 60 claim to be lonely. Not only is this number sad, but it also...