Hess-Verdon Blogs

Does a Life Estate Override a Will? A life estate deed takes precedence over a will, ensuring that the property specified in the deed passes directly to the remainderman upon the life tenant's death, regardless of conflicting instructions in the will.Does a Life...

Are Beneficiaries Entitled to a Copy of the Will? When it comes to wills, it is commonly known that a will determines how the deceased person's property would be shared among the beneficiaries. However, one of the main queries from beneficiaries in this regard is if...

Can A Right of Survivorship be Challenged? The right of survivorship, often associated with joint accounts, can be contested in court. As per legal precedents, the original account holder's intentions are crucial; clear and convincing evidence can override the...

What Does a Trustee Do? Planning an estate should be a consideration for everyone, not just the wealthy. Without a solid legal plan, your assets may be left in the hands of the court. Estate plans vary in size and shape, and each plan is unique. It's advisable to...

What Constitutes A Breach of Fiduciary Duty? In the intricate area of trust and estate planning, fiduciary duty is a critical concept that ensures that the interests of beneficiaries are protected. This happens when someone is assigned another person's assets; the...

Trust Validity Defense Attorney Perhaps a grantor executed a trust that handed over all their assets and property to their business partner or best friend instead of their kids, even after guaranteeing the latter that they would get a significant share of their...

What is a Successor Trustee A successor trustee can be a person or institution in charge of the trust and its daily administration duties if the original Trustee dies. The trust's creator (the Grantor) often designates the successor trustees and the successor...

Trustee Rights in Investment Dispute Cases Trustee rights are one of the critical issues when it comes to dealing with disputes involving investments. The knowledge of the rights and protections available to trustees is vital to trustees and all the parties in...

How Long After a Person Dies Will Beneficiaries be Notified Beneficiaries of a trust are typically informed of their interest shortly after the trustor's passing. For example, under California probate law, trustees are required to notify beneficiaries within 60 days...

What Happens If You Die Without a Will Estate planning is very important in securing the orderly distribution of assets following your demise. This creates a dying intestate situation where some people don’t take the necessary precautions to create wills. It...

Conservatorship Attorney Conservatorship refers to instances where an adult is given the legal right to make legal decisions for the sick or elderly. Conservatorship happens when the elderly or disabled individual cannot make these decisions and requires a guardian....

Successor Trustee Checklist The estate planning process entails planning how your estate will be administered should you pass or be incapacitated. There are trust terms in this regard, and you must appoint an entity to execute those terms. So what happens here is the...

Does A Trust Override A Will? Regarding estate planning, two common instruments often come into play: trusts and wills. The legal tools have been designed differently to achieve distinct goals like sharing property and communicating testamentary instructions....

Can A Trustee Withhold Money from A Beneficiary? Trust and estate planning involves a complicated terrain in which the role of trustee is of great weight. When executing a trust, trustees are vital in ensuring that beneficiaries get their rights. Nevertheless, it's...

How Long Do You Have to Sue an Estate? You can quickly take legal action against anyone who causes harm to you or your loved ones. This process is simple and well-documented. Nevertheless, what happens when the person dies before you get to take legal action? Can you...

Difference Between a Probate Lawyer and a Probate Litigation Attorney Probate and probate law are significant components of estate planning and administration. The process of probate refers to the legal administration of someone's estate after they have died. This...

Trustee Not Communicating With Beneficiaries. So, you are the beneficiary of a trust, and the person or entity in charge is not forthcoming with you about all aspects of the trust. Or you are in charge of the trust, and the beneficiary will not respond to your...

How Long Do You Have To Sue an Executor? Can you sue an executor of a will? When someone passes away, leaving behind an estate with or without a last will, beneficiaries and heirs may claim their assets. The judicial process underpinning the accounting and...

Can You Sue a Trustee for Negligence? Creating a trust is an incredible way to plan your estate. However, as with all estate planning methods, this one has unique challenges, like unwillingly appointing a negligent trustee. For this reason, choosing someone you know...

Can an Executor Withhold Money from a Beneficiary Executors are legally bound to follow the will's terms and cannot withhold money from beneficiaries due to personal discretion. However, they can breach their fiduciary duty, potentially exposing beneficiaries to...

Lawyer For Inheritance Disputes Succession disputes are the worst. Parties assert their claims with resolve, and massive conflicts can arise over something as simple as distributing the deceased's assets. For each of these cases, the role of an inheritance lawyer in...

Can a Trustee Borrow Money From A Trust? A trustee plays a crucial role in administrating and managing trust assets. In this context, comprehension of duties and obligations incorporated into the holding definition of a trustee would advance the understanding of...

Trustee Defense Lawyer for Allegations of Negligence Imagine you left something of value under the care of someone you trust or a trustee to look after it according to your instructions. But instead of being mindful of your belongings, they do the contrary and lose or...

Executor of Estate Responsibilities What is the role of executor? Generally, when someone passes with or without a last will, beneficiaries and heirs are expected to claim assets. The judicial process underpinning the accounting and distribution of a decedent’s estate...