Rights of Creditors includes involving the court in order to collect on a debt that was owed by the settlor, and they must follow certain procedural steps. Here is what Trustees and beneficiaries should understand about the rights of creditors going to court seeking payment of a debt.
Generally, the following are five signs that indicate a trust is revocable, and therefore subject to attack by a creditor. Read more here.
What should you do when a trustee refuses to comply with the terms of a trust? First, it’s important to contact an experienced and knowledgeable attorney.
Pursuing a legal action as a result of a trustee or settlor’s alleged mental incompetence is an uphill battle. Here we discuss defending against a claim.
What Happens When a Party Seeks to Revoke a Will Admitted to Probate? Read more here about what to expect and when you need to talk with an attorney.
If the trust does not contain clear instructions as to what constitutes the mental incapacity of your loved one, you may need to seek court intervention.
Most people execute an advanced directive as part of the creation of an estate plan. This document appoints an agent who can make health care decisions on their behalf.
When a trustee fails to sell an asset as instructed in the trust or when it would benefit the beneficiaries to do so, he or she may have breached a fiduciary duty.
Undetermined heirs is one type of dispute that sometimes occurs involves potential heirs who need to invoke court involvement to show their legal rights.
An Overview of the Sources of Tension Between Trustees and Beneficiaries. What happens when a trustee and beneficiaries cannot get along?