Probate | Probate Litigation | Trust Litigation |
The Badges of Fraud and Transfers to Trusts
Assets in a trust may be protected from creditors under some circumstances. When factors that indicate fraud are present, the trust may be subject to attack.
Forcing a Distribution to a Child Not Named in the Will
In some cases, a child not named in the will can force a personal representative to distribute them a share. These children are known as pretermitted children.
Asking the Court for Damages During Trust Lawsuits: Prayers
The last step of preparing a petition involving a trust lawsuit is to include your requested prayers. These statements are where you ask for specific damages.
Personal Representatives: Avoid Conflict by Asking Questions
When probating an estate, personal representatives can help avoid potential conflict by acting diligently. Complete the petition for probate with caution.
Sale of Estate Real Estate Goes to Highest Bidder
When selling real estate during a probate administration, a bidding war may arise for the property. The court may allow overbids under certain circumstances.