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probate and estate litigation Archives

Powers of attorney must be addressed cautiously

Through a power of attorney, a person prepares if they become incapacitated by selecting a trusted agent, who may make essential medical and financial decisions for them. This power, however, can be a license to steal through self-dealing and fraud. Precautions can help prevent this and diminish the chances of estate litigation.

Family conflicts threaten estate planning

Uncle Sam and federal taxes are not necessarily the biggest obstacle to distributing a large estate. Actual uncles and other relatives are the biggest source of estate litigation, according a recent poll by TD Wealth. Its findings are also instructive to all individuals who plan to bequeath assets to surviving relatives and for those who do not necessarily benefit from raising the estate exemption to $11.2 million.

Different parties can challenge a will

A will is a legal document that is intended to be the final legal word on distributing a person's property and assets to their heirs. However, an invalid or improperly drafted will can constitute the grounds for estate litigation and for challenging a will. However, only specified individuals may mount a challenge regardless of the grounds asserted for contesting a will.

Distributing your loved one's assets correctly is important

The passing of a loved one is a sensitive event for everyone involved. As you grieve, it is difficult to handle the matters of your loved one's estate and assets. It may be hard to find time, patience and the state of mind to deal with overly complicated legal matters. Nevertheless, it is important to ensure your loved one's wishes are carried out as quickly and as smoothly as possible.

Trusts only keep one out of court if they aren't contested

A previous post on this blog made reference in passing to the fact that having a trust does not necessarily keep a family or a person's financial affairs out of court. This remark calls for a little clarification, especially since many people in Scottsdale and throughout the greater Phoenix area may think the main reason someone would want a trust is to "avoid probate," that is, to keep the important and private manner of passing one's wealth out of the courtroom.

Helping Scottsdale resident resolve estate litigation issues

Despite the utmost care in estate planning, it is in unfortunate fact that some Scottsdale, Arizona, families will find themselves having to argue about an estate in court. The reality is that it is relatively easy for disgruntled family member, friend, charity or creditor to sue and make it harder for the other heirs to get the property to which they are entitled. Moreover, sometimes litigation is necessary, such as when an executor or trustee is not carrying their duties responsibly.

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