"Probate & Estate Litigation" Posts

Not Divorced and No Will? Bad Idea.

It seems to be more and more commonplace that married couples who want to part ways are failing to go forward with divorce proceedings or waiting for many years to start the divorce process. This inaction does not save money but creates potential future and costly problems especially for those who acquire assets from their […]

WHY NOT USE A FORM AVAILABLE ON LINE OR IN A FORM BOOK TO PREPARE A WILL?

There are certainly free forms available on line otherwise including inexpensive kits to prepare a Will so why hire an attorney and spend money, right? The form may not truly reflect your wishes or needs even if it seems easy to complete. A Will , if correctly witnessed to function as a Will , is […]

WHY FILE A FORMAL PETITION FOR PROBATE AND WHY WOULD I NEED ASSISTANCE OF COUNSEL?

Let’s say you manage to be appointed Informally by the Probate Court as a Personal Representative. Everything is apparently going fine and you have spared yourself dealing with counsel and spending legal fees, right? Not necessarily. If you are appointed Informally and another person decides he or she is unhappy with your administration of the […]

WHY DO I NEED A WILL WHERE I HAVE A TRUST SET UP ALREADY?

First of all, you may not have changed title to all of your assets into the Trustee referencing the Trust and you may not have designated beneficiaries on all the contractual assets such as CDs or annuities or life insurance you have or you may have a claim or a wrongful death action or inherit […]

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