Probate | Probate Litigation | Trust Litigation |
Overbid and Estate Litigation when Selling Real Estate
An overbid is an offer by a prospective purchaser of real estate owned by an estate that is higher than the previous offer accepted by the personal representative. Read more here.
Probate | Probate Litigation | Trust Litigation |
Ten Potential Disputes Over The Beneficiaries Named In A Petition For Probate
As part of the petition for probate, the petitioner must list all of the named beneficiaries in the decedent’s will or codicil. Issues can arise when determining who to list in this section.
How To Determine Whether A Child Was Intentionally Omitted From A Will
While truly omitted children typically do not have legal rights unless they can prove fraud, duress, or some other reason for overturning the validity of the will or trust, children who are accidentally left out may have rights.
Seven Rights Of Creditors Of A Trust Settlor
Rights of Creditors includes involving the court in order to collect on a debt that was owed by the settlor, and they must follow certain procedural steps. Here is what Trustees and beneficiaries should understand about the rights of creditors going to court seeking payment of a debt.
Probate Litigation | Trust Litigation |
Proving That A Transfer To A Spendthrift Trust Was Fraudulent
Creditors can still attack the transfer and attempt to reach the assets. One avenue of attack is to argue the transfers to trust were fraudulent.