Probate | Probate Litigation | Trust Litigation |
Trustee Is Mentally Incompetent? What to Do Next
In most situations, the court does not supervise a trust administration. If you suspect a trustee is mentally incompetent, act quickly to protect the assets.
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.
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.