What Happens When a Sibling Disputes a Parent’s Will?

A parent’s death doesn’t necessarily stop sibling rivalries. Disputes can carry on for a lifetime, and sometimes these arguments find a way into the probate process. Sometimes, one of the adult children will claim ownership to an asset, perhaps a bank account or a family heirloom, claiming that the deceased parent promised it to him or her. (Even if it isn’t stated that way in the will.) Just because your sibling is jealous of your inheritance doesn’t mean that your parent’s will can be dispu...
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Is Grief Taking Over Your Family’s Will Dispute?

In an ideal world, a thoughtfully constructed will would ensure an individual’s last wishes were irrefutable and easily executed. However, the reality is that family members often end up in a dispute after a loved one passes away regardless of the documentation that was carefully crafted beforehand. After the death of a family member, confusion and conflict is intensified by the heightened emotions associated with grief. This creates unique challenges when dealing with will disputes. Grief ca...
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Gaslowitz Frankel Named one of the 2018 Best Law Firms in Atlanta for Trusts and Estates Litigation

Gaslowitz Frankel is pleased to have earned the honor of being named to the 2018 list of best law firms in Atlanta for Trusts & Estates Litigation by U.S. News and World Report. According to U.S. News and World Report, the Best Law Firms rankings “are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submiss...
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What Can I Do if the Estate’s Executor Is Not Administering the Estate Properly?

After someone dies, the property they leave behind becomes an asset of their estate. It can be any type of asset, including land, homes, jewelry or money. A will determines how those assets are distributed. To administer the estate, an executor is appointed by the court, usually designated by the decedent in the will. The executor is then charged with making sure the deceased's wishes are carried out by distributing the property and paying applicable taxes and bills. Anyone who is the executo...
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Is a Guardianship or Conservatorship Necessary?

For all parties involved, the decision to legally remove an individual’s right to make decisions on his or her own behalf is a difficult one that shouldn’t be taken lightly. It often creates emotional tension within a family by placing an immense amount of responsibility on an appointed individual while leaving another individual (often a parent) struggling to accept his or her reduced mental capacity. Therefore, before making the decision to petition the probate court for guardianship or co...
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Some Important Issues to Consider With a Financial Power of Attorney

Preparing for the vast array of circumstances that the future could hold can be a daunting task, and most of us recognize the need to name someone to handle our affairs and decisions if we become ill or incapacitated. However, many older Americans are increasingly concerned about the potential dangers of granting such power to another individual, and rightfully so. What is a Financial Power of Attorney? A financial power of attorney is a legal document that allows you to name one or mor...
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Avoiding Family Chaos: Why Your Adult Children Need Wills, Too

When a family member dies suddenly, it creates chaos in nearly every family. More often than not, disputes over property and money only intensify the grief everyone is already suffering. As older adults, it’s likely that we’ve taken steps to minimize that risk, such as maintaining an up-to-date will and setting up a family trust. However, have your adult children done the same? For younger adults, the time for needing a will can feel like a hundred years away, but for older adults, we’re ...
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Facing Your Financial Fears: Will & Estate Support for Women Over 50

If something were to happen to your spouse, do you know what assets and liabilities you have? For many women in the Baby Boomer Generation, the terrifying yet all too common answer is “no.” Oftentimes, couples write the first version of their will when they are starting a family and then revise it a decade or two later as the children grow. However, it’s common for husbands to take the lead in these revisions. Despite the good intentions, this scenario leaves many wives with a minimal underst...
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Leaving Assets to Underage Beneficiaries

Every parent wants to make sure their children will be taken care of if the unthinkable were to happen, and many grandparents or other family members often want their wills to include bequests to the younger generations in the family. However, there are special issues to consider when leaving assets to minors. Good intentions with poor planning rarely end with the desired results. Assets for Minor Children When planning for your children’s future, it’s important to consider what would happ...
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