Family members often transfer property informally through handwritten deeds or documents that skip formal requirements. These informal transfers may seem adequate within the family but can create serious problems when the property is later sold to outsiders. The informal deed may lack proper acknowledgment, witnesses, or notarization. What happens when an unacknowledged gift deed conflicts...KEEP READING
When deceased persons were partners in businesses that become involved in litigation years after their death, family members may attempt to transfer those business disputes to probate courts for consolidation with other estate-related proceedings. This strategy can seem attractive when multiple lawsuits involve similar issues or when probate courts already have jurisdiction over related trust...KEEP READING
When families contest the probate of wills, they sometimes challenge fundamental procedural requirements in hopes of preventing will admission entirely. These challenges may focus on whether the court has proper jurisdiction and venue to probate the will, or whether the proponent has satisfied the burden of proving that the will was not revoked before the...KEEP READING
Estate administrators regularly encounter financial complications when settling a decedent’s final affairs. The decedent may have issued checks shortly before death that later create problems for the estate. These situations become particularly complex when the decedent purchased official bank checks as part of business transactions or major purchases. Imagine discovering that your decedent purchased a...KEEP READING
When someone files an application to probate a will without clearly establishing their connection to the estate, opposing parties may challenge whether the applicant has standing to bring the probate proceeding. These standing challenges serve an important gatekeeping function by ensuring that only persons with legitimate interests in estate matters can initiate probate proceedings. However,...KEEP READING