Frequently Asked Questions

A trust is a type of legal arrangement that holds property. The property is placed into the trust by the trust-maker, also called a trustor or settlor. In a trust document, the settlor will name one or more people to serve as trustee, which is the party who manages the trust. The trustee is expected toContinue reading “What is a trust?”

The eligibility of a party to file a will contest hinges on the specific circumstances of the case. Generally, any interested party with a financial stake in the estate administration can contest a will. This typically includes beneficiaries named in the purported will and individuals qualifying as heirs under state intestacy laws.

It may be best for you and your family to leave the day-to-day management of the special needs trust to a professional trustee. A professional trustee will have extensive experience in financial management and will also keep up to date on changes to state and federal laws and regulations governing assistance benefits. A professional trusteeContinue reading “Who should I pick to serve as trustee of my loved one’s special needs trust?”

A special needs trust is a specific type of trust that is used to ensure that a disabled individual does not become disqualified for housing arrangements or government assistance or benefits in the event the individual has too many assets or too much income. For example, a special needs trust can protect a disabled individual’s rightContinue reading “What is a special needs trust?”

In most cases, probate is opened up for a decedent’s estate in the county in which they were domiciled at the time of their death. An individual’s domicile is usually considered to be the place where the individual lives without the intention of permanently moving away from that place. However, as some people may equallyContinue reading “Where do I conduct probate?”

Likely yes. Probate is the legal process by which a deceased individual’s property is lawfully transferred or distributed to another party. Without probate, the decedent’s property remains lawfully owned by their estate. Probate must be conducted regardless of whether or not a decedent left a will. However, with careful estate planning, it is often possible toContinue reading “Do I have to go through the probate process for my family member after their death?”

No. For a power of attorney to be valid, the person executing the power of attorney must have the capacity to understand their rights and the consequences of their decision and the ability to clearly express their wishes. Someone who has been declared incapacitated by the court lacks this ability and cannot execute a validContinue reading “Can guardianship be avoided by having the person who would be the subject of the guardianship sign a durable power of attorney?”

Courts normally appoint a close family member or friend to serve as guardian, as they are likely to know what the incapacitated person’s wishes would likely be if they were not incapacitated. However, if no suitable family members or friends are available to serve, courts will usually appoint a specially trained attorney who regularly servesContinue reading “Who can serve as a guardian?”

A guardian is an individual who is appointed by the court to make healthcare and personal decisions on behalf of an individual who cannot make those decisions or who cannot voice their preferences for themselves due to illness, injury, or physical or mental disability. Similar to but distinct from a guardian is a conservator, whoContinue reading “What is a guardian?”

It all depends on the nature of your case. Were you unfairly left out of a will or trust? You may be able to file a will or trust contest. Are there other grounds for contesting an estate? Examples include accounting issues, the misappropriation of funds, a breach of fiduciary duty, or an executor beingContinue reading “What legal options do I have if I want to challenge a will, trust, or estate plan, or if I want to file estate litigation?”