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
When workplace accidents result in employee deaths, surviving spouses face difficult decisions about where to file wrongful death lawsuits. The deceased employee’s estate may be pending in probate court near the family home, while proper venue for the wrongful death claim may lie in the county where the accident occurred or where the employer’s principal...KEEP READING
When independent executors complete their duties and distribute estate assets to beneficiaries, they often seek judicial discharge to obtain protection from future liability claims. This discharge process provides a clean break from fiduciary responsibilities and shields executors from claims related to their administration of the estate. However, complications can arise when family members later decide...KEEP READING
When mortgage lenders assign their interests in notes and deeds of trust to other entities, borrowers sometimes argue that the assignment destroys the original lender’s legal standing to pursue foreclosure proceedings. This argument becomes particularly complex when assignments occur during pending appeals or while foreclosure actions are underway. Borrowers may contend that the original lender...KEEP READING
When elderly parents become seriously ill, adult children who have been distant for years sometimes suddenly appear at the hospital bedside. These long-absent children may express newfound concern about their parent’s estate planning and suggest that existing wills need immediate revision. The parent, weakened by illness and facing dangerous medical procedures, may feel compelled to...KEEP READING
When an independent executor needs to resign from estate administration, the process can become unexpectedly complicated if family members disagree about who should serve as the replacement. The named executor might assume that the primary beneficiary under the will has the authority to seek appointment as successor. However, surviving spouses who received no specific bequests...KEEP READING
When a parent dies, adult children sometimes discover multiple wills with conflicting provisions. The older will might favor one family member while a newer document distributes assets differently. Faced with potential family conflict and the emotional burden of legal proceedings, children may agree among themselves not to probate the later will to avoid upsetting other...KEEP READING
Family disputes over estate assets often intensify when venue becomes contested territory. A deceased person’s mother might file probate proceedings in one county while adult children argue the case belongs elsewhere. The stakes can be substantial because venue determines not only which court will oversee the estate but also which community’s laws and procedures will...KEEP READING
When families blend through remarriage, the distribution of a deceased parent’s assets can become a source of tension between children from different marriages. The surviving spouse and children from the second marriage may receive the bulk of the estate, while older children from previous relationships find themselves with limited inheritance rights. These situations become even...KEEP READING
