Entering the world of Wills, Trusts and probate can be confusing. One of the first questions people often ask is: what is the difference between a Trustee and an Executor? To put it simply, a Trustee is the person who oversees a Trust, while an Executor is the person who oversees a Will, which often
In our first Tools of War post we set out three general categories of information you need to know to be successful in trust and will litigation. They were:
- Civil procedure—things like motions and demurrers
- Civil discovery—written discovery, depositions, and expert designations
- Rules of evidence—including foundation, hearsay, and relevance.
Joint accounts—the most confusing asset in the estate planning word. Especially joint bank accounts. They start off relatively harmless with a parent naming one of their children as a joint account holder to help pay bills and manage finances. But rather than add a child only as an agent over the account (which would expire…
Want to know why beneficiaries lose Trust and Will cases? They fall prey to the “greedy heir” defense. The greedy heir defense goes like this: a beneficiary challenges the wrongful acts of a Trustee and the Trustee responds by saying the beneficiary is just greedy. Or an heir who has been disinherited challenges a Trust…