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    How a Trustee’s Failure to Sell a Trust Asset May Cause Harm

    By Scott GrossmanTrust Litigation

    Trustees have a duty to properly manage the assets of the trust. Failing to sell an asset when called for can create harm for the beneficiaries.

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    October 15, 2016

    Spouse’s Must Consider Carefully Before Suing a Trustee

    By Scott GrossmanTrust, Trust Litigation

    If your spouse was omitted from a trust, you may want to pursue legal action. It is important to carefully consider all ramifications before doing so.

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    October 15, 2016

    Petitioning the Court to Remove a Trustee

    By Scott GrossmanProbate Litigation, Trust, Trust Litigation

    It is important for trust beneficiaries to understand how a trust is being administered. In some cases, you may need to petition the court for trustee removal.

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    October 15, 2016

    Demonstrating a Legitimate Expectancy of Inheritance

    By Scott GrossmanProbate, Probate Litigation, Trust Litigation

    If you expected that you would receive an inheritance and someone interfered, you may have legal rights. Your expectation must have been legitimate.

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    October 15, 2016

    Taking Action of a Trust Policy Due to Incapacity

    By Scott GrossmanProbate Litigation, Trust Litigation

    Taking over as successor trustee of a loved one’s trust is not a simple process. Incapacity may be determined in several different ways.

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    October 15, 2016

    Determine Whether You Can Contest a Will Due to Mistake

    By Scott GrossmanProbate, Probate Litigation, Will

    As a loved one of someone who has passed, you may find yourself concerned that a mistake was made when the will was drafted. It may be possible to contest it.

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    October 15, 2016

    Trustee Is Mentally Incompetent? What to Do Next

    By Scott GrossmanProbate, Probate Litigation, Trust Litigation

    In most situations, the court does not supervise a trust administration. If you suspect a trustee is mentally incompetent, act quickly to protect the assets.

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    October 15, 2016

    Mental Incompetence Is Hard to Prove: Donald Sterling

    By Scott GrossmanProbate Litigation, Trust Litigation

    Shelly Sterling is currently pursuing trust litigation to have Donald declared mentally incompetent. She may face an uphill battle. Read more here.

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    October 15, 2016

    The Badges of Fraud and Transfers to Trusts

    By Scott GrossmanProbate, Probate Litigation, Trust Litigation

    Assets in a trust may be protected from creditors under some circumstances. When factors that indicate fraud are present, the trust may be subject to attack.

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    October 15, 2016

    Forcing a Distribution to a Child Not Named in the Will

    By Scott GrossmanProbate, Will

    In some cases, a child not named in the will can force a personal representative to distribute them a share. These children are known as pretermitted children.

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    October 15, 2016
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