Executors typically try to honor the wishes of the decedent. The job involves closing the estate and distributing assets to beneficiaries and heirs. Still, someone may dispute or appeal the plan or a judge’s ruling concerning the will and estate plan. Common grounds...
Estate Planning
Those without children still need estate plans
It is a common presumption that people draft wills so they can pass significant assets along to their children. Still, an estate plan can also be quite valuable for those who do not have children or perhaps never married. Whereas many consider children and descendants...
How the probate process works in Kentucky
Kentucky allows the estate to go through probate up to ten years after the decedent dies. As with many complicated legal processes, there will likely be delays and setbacks along the way, so it is best not to wait until the final days to complete it in probate court....
How estates with no will are divided in Kentucky
Those who die without a valid will (this is known as intestate) in Kentucky do not automatically have all assets transferred to the surviving spouse. Unlike most other states, Kentucky has a “dower and curtesy” (DAC) approach to inheritance. Under the DAC inheritance...
Clear estate planning can avoid sibling rivalries
Everyone grieves in their own way. Rather than seek comfort from siblings, one daughter may withdraw from family interaction, or another may pick fights. Sometimes, sons will have tense relationships even when both parents are alive. Even with positive family...
Tips for avoiding fiduciary duty claims as an executor
Executors perform any number of essential duties in handling an estate. Unfortunately, beneficiaries may disagree with how you do it or even decisions made by the decedent. While you did your utmost to perform all your fiduciary duties during the probate process, they...
How to pick the right executor or executrix
One of the most critical decisions when drafting a will and estate plan is picking the estate administrator, also known as the executor or executrix. This role oversees the probate process and administers the decedent's estate, ensuring their wishes are carried out...
What if the will’s executor doesn’t pay beneficiaries?
The term “probate” refers to the legal process of ensuring that a will is legally valid, but it is generally used for distributing the estate’s assets after death. An executor (either named in the will or appointed by the courts) oversees the process. There is a lot...
Anne Heche’s son files for control of estate
Actor Anne Heche’s death in a fiery car crash was ruled an accident in August. Now her 20-year-old son Homer Laffoon has filed a petition in the Superior Court of Los Angeles for control of the estate since his mother did not leave a will. That petition lists himself...
What’s needed to contest a will
Even if you think you have a good reason, it is more challenging than many people believe to contest a will. Generally speaking, there are a series of hoops you need to pass through to raise valid concerns that can be heard in a court of law. Legal standing Those who...