Scott Grossman explains the difficulties in deciphering the intent of a parishioner when he left money to his church in his will.
Articles about Probate Litigation
Are there penalties when a trustee steals from the estate? The answer is yes, but you must act to stop the theft and stay within the statute of limitations!
Leona Helmsley’s will and trust illustrates what can happens when someone is disinherited in a trust and the conflicts and cases that can come from it.
If a settlor is mentally incompetent, someone must take control over the trust prior to the settlor’s death. There are several ways to determine incompetence.
Typically, the probate court is not involved in the administration of a trust. Beneficiaries can petition for court involvement in some cases.
During a trust administration, assets must be allocated among any sub-trusts. The trust may direct that either a pecuniary or fractional formula be used.
While a will and a trust are both useful estate planning tools, they are not the same thing. During administration it is important to understand the difference.