Probate Litigation
Invalidating a Will Due to Lack of Competency of the Decedent
Posted in Probate Litigation
During a Will contest, there are several different ways that a party seeking to challenge the validity of a Will may attack the document. One of the most common ways is to challenge the decedent’s competency when he/she executed the Will. In essence, the challenge would be that the decedent… Continue reading
Misuse of Estate Funds by Executor of an Estate
Posted in Probate Litigation
Once an individual is appointed as an executor of an estate, they will have access to assets that belong to the estate. Some of these assets may involve liquid funds which the executor can utilize during the administration of the estate to complete this process. Some permissible uses would be… Continue reading
The Refunding Bond and Release
Posted in Probate Litigation, Trusts & Estates
If you are beneficiary of an Estate, at some point you will be asked to sign a Refunding Bond and Release prior to receiving your bequest from an Estate. The logical question that will arise is what exactly you are being asked to sign. The purpose of this blog is… Continue reading
Challenging a Codicil to a Will
Posted in Probate Litigation
In general, a codicil to a Will is an amendment to a last will and testament. A codicil can amend a Will in numerous different ways. For instance, it can change the amount of any bequests left under a Will and who will receive said bequests. It can also change… Continue reading
Counsel Fees in Probate Litigation
Posted in Probate Litigation
When contesting a Will or defending one that has been offered for probate, a party may incur significant counsel fees. One important question concerns whether the Estate or another party would be responsible for reimbursing this party.
Probating a Copy of a Will
Posted in Probate Litigation
In order to admit a Will to probate with the county surrogate’s office, the original Will, which has the original signatures of the decedent and the witnesses, must be produced. At times, however, the original copy of the Will cannot be located.
Dealing with a Dishonest or Lazy Executor
Posted in Probate Litigation
After grieving the death of a loved one, the decedent’s heirs of the estate must go through the process of administering the will and distributing the decedent’s assets. In order to accomplish this process, an executor of the estate is typically appointed by the will or the heirs of the… Continue reading
Intestate Estate: Dying Without a Will
Posted in Probate Litigation
Although many of us have estate plans well in advance of the time that we pass, it is not uncommon for an individual to die without having a last will and testament. This can often happen if the person who passes is younger, the death happens at an unexpected time,… Continue reading
The Duty to Account of a Power of Attorney
Posted in Probate Litigation
While most people who are appointed Powers of Attorney understand their general duty to act only within the best interests of the person for whom they are serving as a Power of Attorney, and to not undertake transactions which solely benefit themselves, most of them do not understand their duty… Continue reading
What is a Holographic Will?
Posted in Probate Litigation, Trusts & Estates
When a loved one passes, questions may arise as to who possesses the Decedent’s Last Will and Testament.