Question 1

How is an executor appointed?

Accepted Answer

An executor is most typically designated in person’s will: he or she is often someone that the deceased person trusted to manage the estate fairly and efficiently. However, in cases where a will is not present, a court will likely appoint an executor for the estate.

Question 2

Can you ever refuse executor responsibilities?

Accepted Answer

No one can be forced to be an executor, so you can refuse the responsibility if it is something that you do not feel you can do. However, if you have begun work as an executor and later decide you no longer want to do it, it may be much more difficult to refuse responsibility. Therefore, it’s important to think about the duties of an executor and whether or not you want to take them on prior to beginning any of the work required of this role. This way, it is easier to extract yourself from the designation.

Question 3

What is a fiduciary relationship?

Accepted Answer

A fiduciary relationship is most often established between a trustee or executor and the beneficiary of a trust or an estate. Any relationship that involves a principal whose interests are a top priority can be deemed a fiduciary relationship (i.e. patients and doctors, clients and lawyers etc.). The fiduciary is in charge of managing the principal’s interest, but disputes can easily arise and lead to a situation where litigation is necessary. If you have questions regarding fiduciary relationships and litigation, discuss your situation with an experienced attorney today.

Question 4

What is undue influence?

Accepted Answer

Undue influence most typically refers to an action meant to coerce a will writer into changing their will at the last minute. This often results in one or more people being excluded from a will, giving most, or all, of the estate in question to the person influencing the writer. Using undue influence to skew the terms of a will or trust is illegal, and those who think they have been victimized by coercion may be able to hold the guilty person, or people, legally accountable.

Question 5

When is a will invalid?

Accepted Answer

A will can be deemed invalid for numerous reasons. Some of the most common reasons include the writer being mentally ill when deciding on the terms of the will, the writer being coerced into writing a fraudulent will, the will being inaccurate or inauthentic in some way. Additionally the validity of a will can be called into question when the terms of the will are not executed properly. If you suspect that you have been affected by any of these examples, then you may be able to question the validity of a will with the help of an experienced attorney.

Question 6

My parents didn’t leave a will, but I think that I should get the estate, what can I do?"

Accepted Answer

It sounds like you will likely be involved in estate litigation. When parents do not leave a will, it’s common for the surviving family members to engage in legal disputes over how the estate is divided. Estate litigation, where a court supervises and rules over the terms of property and asset allocation, can help settle these differences between siblings and various family members. In such a case, it’s important to have a qualified attorney at your side.

Question 7

How much will my case cost me?

Accepted Answer

It depends on numerous factors. The best way to estimate your overall costs is to have a candid and open conversation with your attorney as early as possible. This conversation can establish any set fees or rates for legal services, as well as anticipate possible changes that might add financial commitment. In fact, one of the first questions we recommend that people ask a prospective lawyers is what their fees are, and if their fees are affected by a case’s outcome. Each individual case is different, so your costs will likely vary from someone else’s.

Question 8

Why hire an estate litigation lawyer?

Accepted Answer

Disputes frequently arise concerning the administration of an estate or the validity of a will, and in these situations, the rights and interests of those involved are often at risk. When disputes arise during the probate or estate administration process, it is essential to have the representation of an estate litigation lawyer in order to ensure that your rights and needs are fully accounted for. With legal representation, those involved in estate litigation can be sure that they and their loved ones will not be unfairly treated and that their dispute will be resolved as quickly as possible.

Question 9

What is probate?

Accepted Answer

From a strictly technical standpoint, probate is a legal document that is granted to the executor of an estate establishing the validity of a will. More generally, many people refer to the process of examining and establishing the validity of will as the probate process. Typically, this process involves appearing before a probate court, which will go through a number of different stages before deciding whether or not a will should be considered fully valid. Once probate has been granted to the executor of an estate, the will becomes legally-enforceable, granting the executor substantial authority under the law.

Question 10

What is a trust?

Accepted Answer

Trusts have been an incredibly durable feature of the legal landscape across the world for centuries. Generally speaking, a trust is a legal relationship in which the property of one individual, the settlor, is held by another individual, the trustee, for the benefit of the trust’s beneficiary or beneficiaries. A trust may be established in a will, in which the deceased places his or her property in a trustee’s control until beneficiaries come of age, or while the settlor is still alive, for reasons that can range from reducing tax liability to physical or mental incapacity.

Question 11

If I think my parent was coerced into dividing their estate against their will, what can I do?"

Accepted Answer

It is an unfortunate reality that, in many cases, elderly individuals with substantial assets may be coerced into creating a will that does not reflect their true intentions, whether because they are not of sound mind or because they may fear for their own safety. Regardless of why they may have done so, in situations in which children believe that their parents may have been coerced into creating a will, it may be necessary to pursue estate litigation in order to ensure that the rights of those involved are protected.

Question 12

Who can be a guardian?

Accepted Answer

A guardian is often appointed in a parent’s will. Guardians are to take care of the involved child or children in the event of the parent’s passing. A guardian can also be court appointed if no person was named in a will, or if a will does not exist. In either case, a guardian must complete the necessary application process in addition to a court investigation to make sure that he or she is willing and able to take on the role of a legal guardian.

Question 13

I’ve been named a trustee, do I have to accept the responsibility?"

Accepted Answer

A trustee is often a person who a person feels he or she can rely on after passing to manage a trust fund for one or more beneficiaries. It is an important job, but you are not required to accept the responsibility just because someone wants to name you a trustee. As such, you can refuse the position. Also, it is important to know that even if you accept the position initially, you can later decide that you are not willing to continue in this position, but it is much more difficult to leave the position like this than to turn it down before you got involved in he process.

Question 14

What does a trustee have to do?

Accepted Answer

A trustee is a person appointed in a trust to handle the property of another, either while the grantor is still alive or after they pass away. The job has numerous responsibilities, including the management and record keeping of funds going in and out of the trust. Additionally, a trustee’s personal accounts must be kept wholly separate from the trust fund. Also, a trustee might have to invest or pay taxes on behalf of the trust, as well as manage the accurate dispersal of trust funds when the time comes to do so. Every trustee’s job has its own unique obligations, so as a trustee, it would be wise to consult a probate attorney in order to ensure everything is done correctly.

Question 15

I’m scared I’m going to make a mistake as a trustee, can you help?"

Accepted Answer

Absolutely. Trustees are given a number of important responsibilities, and the job can quickly feel overwhelming for many individuals. Errors are common, but you can avoid them with the help of an experienced probate and trust administration attorney. With the advice and guidance of your legal team, you will better understand your obligations as a trustee and more effortlessly navigate through your very meaningful role in trust management.