Does justice depend on what the judge had for breakfast? To some extent, the answer is, perhaps, yes. Or, perhaps more accurately, it is dependent on when they had breakfast and when justice is sought.
What’s It Take to Collaterally Attack a “quickie” Nevada Divorce As Part of a Florida Inheritance Dispute?
In this case a disinherited son contested his father’s estate on the grounds that his father wasn’t “legally” married to his second wife, thus excluding her as a valid heir of a multigenerational family trust. Status-based challenges are common lines of attack in inheritance disputes.
A study published by Fidelity Investments, Fidelity’s Intra-Family Generational Finance Study, reveals that many adult children and their parents avoid having family discussions about estate planning.
Can a Corporate Trustee Caught in Middle of On-going Divorce Litigation Sue One of the Ex-spouses for Unjust Enrichment?
This isn’t the first time the trusts at the center of this on-going divorce battle have made it into a published court ruling.
When you bring a Will or Trust contest the facts you use to overturn an unfair Will or Trust may also apply to support a Financial Elder Abuse claim. It is important to know how to use a Financial Elder Abuse claim properly.
When there is a shortfall between what payments an estate is required to pay and the value of the estate, some problems can arise. Two such situations include: (i) when the estate assets are insufficient to satisfy the debts and (ii) when the estate assets are insufficient to distribute specific bequests.
When to “Decant” a Trust. It’s Getting Easier to Tinker with Irrevocable Trusts. Here’s How It Works.
If you’re working with an irrevocable trust that needs fixing for some reason and the trust agreement includes an “absolute” power to invade trust principal, your first thought should be to simply re-write the trust by using Florida’s “decanting” statute (F.S. 736.04117).
California Trustees Must Provide Beneficiaries and Heirs with Copies of Trusts, Last Wills, and Amendments
I get calls every week from California Trust, Last Will, and Estate beneficiaries complaining that they can’t get their brother or sister, who is the Trustee and Executor of their parents’ estate plan, to provide true copies of their parents’ estate plan after the parents have died.
Marriage is outdated. At least that’s what one article published this week in the Globe and Mail would have you believe. Citing the ever rising divorce rate, together with a younger generation that has “abandoned committed relationships”, the author asks whether it is time that we re-think the legal framework of marriage.
Under California law ex-spouses are entitled to receive your life insurance benefits if you fail to change your beneficiary form after dissolution of your marriage. But there are other assets where an ex-spouses rights are automatically terminated after divorce. In this video, Keith Davidson describes when an ex-spouse can receive your assets.