Category: Litigation

Being an Executor of an Estate or a Trustee of a Trust comes with having fiduciary responsibility to the ultimate beneficiaries. One such responsibility is to provide an accounting: a report of all the revenue and expenses. There are several instances where an accounting might be done: Usually, the Executor or...

Regardless of the President that is sitting in the Oval Office, the litigious nature of our society is not going to change.  There are many instances in which a client can be sued, including but not limited to: injuring someone in a car accident, being sued for malpractice, involvement in a business dispute, or...

Trust and estate litigation is on the rise. The conflict can arise due to beneficiaries who feel they were entitled to more money or Trustees, who are supposed to act as fiduciaries with care, loyalty and impartiality, but often don’t. Unfortunately, you cannot plan for every contingency. You hope that the Trustee that...

B.B. King acknowledged 15 children from 15 different women during his life. 11 of the children survived him. Yet the executor of B.B. King’s estate and the trustee of his Trust is not one of his children – it is his business manager LaVerne Toney, who had been consistently on his side for...

Why estate planning: In general, there are many reasons why people engage in estate planning. Those include: death time tax mitigation, avoidance of probate, smooth transition of property at death, and making sure the deceased’s dispositive wishes are followed. Asset protection is an additional aspect of estate planning, which safeguards the assets from the...

There are several ways in which a Will can be challenged. The three main reasons for contesting the Will include: Proper execution of a WillWhether the decedent had testamentary capacity to execute a WillWhether the Will was the product of undue influence or duress. Whether or...