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 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 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
When family disputes arise over estate property, attorneys often struggle to determine which court should hear the case. Multiple courts may have authority to resolve property ownership questions that affect ongoing estate administration. However, different types of jurisdiction create different procedural requirements for challenging a court’s authority to hear particular matters. The distinction between exclusive...KEEP READING
When someone believes they were wrongfully excluded from an inheritance due to family manipulation, they face difficult decisions about pursuing legal remedies. Many people assume that once a will has been probated and the estate distributed, no further legal options exist. However, situations involving alleged tortious interference with inheritance create separate causes of action that...KEEP READING
When someone changes their life insurance beneficiary shortly before death, the excluded beneficiary may suspect that undue influence played a role in the decision. Family members who previously stood to inherit substantial benefits often feel shocked and betrayed when they discover last-minute changes that redirect insurance proceeds to different relatives or acquaintances. These situations create...KEEP READING
When a family member disappears without a trace, their loved ones face agonizing uncertainty about whether the person is alive or dead. Years may pass without any contact or evidence of what happened. Eventually, families need closure and practical resolution of the missing person’s legal and financial affairs—but they cannot simply assume death has occurred....KEEP READING
