Monthly Archives: April 2021

Deciding When to Proceed to Court During Estate Contests

During estate contests, family members often end up mad at one another. In these situations, a common question asked by family members is, “When is the right time to proceed to court?” Surprisingly, the answer to this question is often that only when everything else has failed and no other options exist is it a good idea to proceed to court. Instead, there are many other attractive and easier options to resolve estate issues. What Types of Claims are Common in Contested Estates? It is common for estate contests to involve various types of claims. Some of the most common claims brought up during estate disputes include: Actions for the accounting of a trust or estate  Actions for the removal of an executor trustee due to mismanagement of an estate or failure to make adequate distributions  Estate planning documents are invalid due to lack of capacity or undue influence Guardians of an incapacitated individual There are some situations where going to court is either required or necessary. There is a specific period to contest estate planning documents and court filings are required. Or, there might be an immediate event that will harm the beneficiaries of an estate. It is not [...]

2021-04-06T16:31:57+00:00Tags: , |

Navigating the Rule Against Perpetuities

The rule against perpetuities allows individuals preparing wills to have control over their assets even after they pass on. There are limits to these powers, however. A person can restrict property from being sold or make sure that it is used for a certain purpose. Property can be passed on to family members as long as it is done on the condition that an individual maintains certain requirements or behaviors. The time limit on the ability to pass on assets is referred to as the rule against perpetuities.  Complex and often confusing, the rule of perpetuities can be utilized at the time of the passing of a testator or heirs. Heirs are classified as “lives in being.” This means that if a child is conceived but not born at the time of the creator’s death, the child will be classified as a life in being. After the last living heir named in a will passes away, the restrictions on property continue in place as desired for a certain period. The idea is that the creator can control his or her assets for a full generation after death. If the rule applies, however, the conditions on the bequest are abandoned and [...]

2021-04-06T16:28:00+00:00Tags: , |