Not only are probate disputes emotionally draining, but they can be expensive for families. Understanding the most common causes of probate disputes can help to avoid disagreements and more effectively plan estates. Here are some important factors to keep in mind:...
Probate
Did an outside party influence a loved one’s will?
Families are typically grateful when loved ones have the foresight to establish an estate plan. Wills make it clear how an individual wants their personal representative to distribute their property after their passing. The instructions provided in a will can prevent...
How do you know if your loved one’s estate is insolvent?
When you're dealing with the loss of a loved one, handling their estate can feel overwhelming, especially if you discover their debts might outweigh their assets. This situation, known as an insolvent estate, can add extra stress to an already difficult time....
Was an older relative competent when they drafted their will?
People can contest or challenge wills in several specific scenarios. Kentucky law allows for will contests if an outside party exerts undue influence on the testator. People can contest a will by alleging it is inaccurate or that it violates the law. There can also...
Probate disputes may involve jointly owned real estate
Many probate disputes arise when siblings can’t agree on what to do with specific assets. This is why drafting an estate plan is so important. It can give them guidance so that they don’t have to make these decisions on their own. However, some types of property are...
The fiduciary duties of an executor
A will is a legal document that provides instructions. Usually, these instructions relate to how the testator’s assets will be distributed upon their death. However, instructions may also include things like who will look after minor children. The person tasked with...
How can you speed up probate?
If you are due to execute someone’s estate, then you want to do so as efficiently as possible. Not only will this save you time, but it will mean that the beneficiaries get the assets due to them as soon as possible. Doing that means they are less likely to be nagging...
What happens to debt when a parent passes away?
Your parents passed away recently, and you were named as the estate executor in their estate plan. This means that you are the one who carries out the instructions that they left in that plan. You may start by making an inventory of all of their assets, for example....
When can you remove an executor?
As a beneficiary of a deceased’s estate, you will have to wait for the executor to do their job before you get the assets coming to you. While you need to exercise patience and realize this is effectively an unpaid role they are performing, there might come a point...
Handling intellectual property rights disputes in probate
When a loved one passes away, sorting through their estate can be a complex process. Intellectual property (IP) rights, such as patents, copyrights, and trademarks, can add another layer of difficulty. These rights, which can be quite valuable, are something your...