Effective Communication May Reduce Disputes between Executors and Beneficiaries

Estate Disputes- Understanding the Process and the Responsibilities
When a loved one passes away, it’s a difficult time for everyone involved. But often executors and beneficiaries are able to come together over a common goal: preserving the deceased’s legacy. Even so, it is not uncommon for disputes to arise between beneficiaries and executors during the administration and distribution of an estate. At times, these issues can result from a lack of knowledge and communication from the executor. Executors are often labeled as intentionally withholding informat...
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Joint Bank Accounts: Do You Understand the Risks?

Joint Bank Accounts: Do You Understand the Risks?
As our parents and family members age, there is inevitably a growing concern over their physical, emotional, and financial wellbeing. Oftentimes, these aging individuals require assistance paying their bills and managing their finances, and they turn to a trusted family member, friend, or caregiver for help. This is both common and appropriate. Often, they go together to the bank or financial institution to get shared access to accounts with very noble intentions, and the teller provides a form ...
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Precautions for Providing For Financially Irresponsible Heirs

Providing for the future of your heirs is generally the primary goal for your estate plan. However, what do you do when one of your heirs is financially irresponsible or dealing with challenges that prevent him or her from making sound decisions? Whether the heir in question is dealing with substance abuse issues, a spouse that can’t be trusted, or simply a history of poor financial choices, certain precautions should be taken so the inheritance they receive doesn’t enable negative behavior....
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The Advantages of Mediation in Will and Trust Disputes

Lawsuits do not necessarily have to proceed to a trial before a judge or a jury. Often, before or after a lawsuit is filed, there is a window of opportunity in which the parties involved may reach a settlement or negotiation that will reduce financial costs, risks, uncertainty and the emotional turmoil of moving forward with a lawsuit. When this window presents itself, the attorneys representing the respective parties may be able to resolve estate and trust issues through a form of Altern...
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Will Contest, Probate, and Fiduciary Litigation Trends (Free PDF)

Adam Gaslowitz presented a speech entitled “Will Contest, Probate, and Fiduciary Litigation Trends: A Bird’s Eye View” at the recent ALI-ABA Advanced Estate Planning Techniques seminar in San Francisco. Lecturing to an audience of attorneys, practitioners and advisers from around the nation, Adam spoke about his observations, experiences, and predictions about the changing landscape of fiduciary litigation and litigation regarding the transfer of wealth. Highlights of the lecture included: ...
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