Personal representatives may have to defend against a surviving spouse omitted under a will. Various types of written documentation can support your position.
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After your spouse passes away, you may be shocked to discover that you were omitted from the will. It is important to take steps to protect your legal rights.
A potential heir to an estate may ask the court to determine his or her rights as an heir. The court will decide whether the petitioner is a valid heir.
If you expected that you would receive an inheritance and someone interfered, you may have legal rights. Your expectation must have been legitimate.
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.
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.
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.
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.
When probating an estate, personal representatives can help avoid potential conflict by acting diligently. Complete the petition for probate with caution.
When selling real estate during a probate administration, a bidding war may arise for the property. The court may allow overbids under certain circumstances.