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What Is a Breach of Fiduciary Claim in Probate?

A breach of fiduciary claim can occur in probate when a personal representative or trustee fails to fulfill their legal duties and obligations to the beneficiaries of an estate or trust. A fiduciary is a person appointed to manage the assets of another person or entity, and is required to act in the best interests…

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The Challenges of Do-It-Yourself Wills

Over the past 18 months, many families have lost loved ones to the coronavirus. Others found themselves in ICUs, fighting to survive. This type of experience often puts things in perspective, and many people began to seriously reflect upon what will happen to their children and their loved ones in the event that they pass…

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When to Use a Codicil Instead of Rewriting Your Will

Experienced estate planning attorneys help you choose and create the correct documents. Wills are generally used to appoint the executor of your estate, choose the guardians for any minor children, and dictate which people and organizations will receive your assets when you’re gone. Effective estate planning helps minimize the need for probate and the amount…

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What You Should Know About Leaving Property to Your Kids

Leaving physical property like real estate to your children is not always easy. You are within your rights to designate multiple people as beneficiaries upon your death. However, multiple beneficiaries can increase the risk of a fight between them if they cannot agree on what to do with the inheritance. This could lead to one…

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Why Is Probate Taking So Long Right Now?

When someone loses a loved one, the difficulties are not only emotional but many times financial, as the deceased’s assets must be properly handled and distributed to the rightful heirs of the estate. These concerns involve issues related to the loved one’s Will (if any), debts, and property. In addition to this, a surviving spouse…

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