When a will is challenged on the grounds of undue influence, the influence must amount to over persuasion, duress, force, coercion, or artful or fraudulent contrivances to such an extent that there is a destruction of free agency and willpower of the testator. A presumption of undue influence arises in favor of a will contestant […]Read Article >>
Capacity To Make A Will
The right to dispose of one’s property by will is highly valuable and it is the policy of the law to hold a last will and testament good wherever possible. To execute a valid will, the testator need only have testamentary capacity (that is, be of “sound mind”) which has been described as having the […]Read Article >>
The Essential Components of A Basic Estate Plan
Every person should have a plan in place to make sure that matters are handled in the way he or she desires upon his or her death or disability. Over the years, I have determined that there are six essential components to a basic estate plan. These components not only handle what happens to your […]Read Article >>
That Was Supposed to be My Inheritance!
Most of us can think of an instance where a loved one makes a last-minute change to their estate planning documents, leaving someone who was once a beneficiary with nothing. This can be a scary, confusing, and emotionally troubling time; especially if it seems that this change was not made as a result of the […]Read Article >>
How Can the Court Protect Estate Assets?
A probate court has the inherent jurisdiction to monitor the administration of an estate and to take such appropriate action as it may deem necessary to preserve the assets of the estate for the benefit of the ultimate beneficiaries. The court has the authority to issue temporary injunctions freezing assets claimed to belong to a […]Read Article >>
Can I Contest A POD Designation On A Bank Account?
There are many transfers of wealth at the time of death through POD (Pay on Death) and TOD (Transfer on Death) designations on bank accounts. Such distributions are outside of a probate or trust administration. A question often posed to us is “Can I challenge a POD designation made on a bank account by my […]Read Article >>
Am I Free from Liability Under an LLC?
One of the biggest misconceptions surrounding owning and operating a business as a Limited Liability Company is that the individual who owns the LLC is entirely insulated from personal liability. While an LLC does in fact offer protections to the individual who owns the LLC, there are several situations where the owner may find themselves […]Read Article >>
What Makes a Will Valid?
A will is an instrument which directs and distributes an individual’s property upon their passing and is an integral part to any estate plan. Therefore, it is critical that a will be executed with all of the required formalities to ensure that it is valid and enforceable upon your passing. The first step to creating […]Read Article >>
Was there Undue Influence?
A valid Last Will and Testament must be the free expression of the maker’s desire. Therefore, if a Will is obtained through undue influence, it is likely invalid. Undue influence contemplates that the testator’s mind was so controlled by persuasion, pressure, and outside influences that he or she did not act voluntarily, but was subject […]Read Article >>
The Seller of my Home Failed to Disclose Issues with the Home
Oftentimes our clients run into scenarios that involve the purchase a home, and, after closing the buyer find that representations made by the seller concerning the conditions of the property were false, misleading, or deceptive. The buyer is often in a panic, fearing that they have just made the largest purchase of their life and […]Read Article >>