When someone owns an LLC that owns assets, can the person give the LLC-owned assets away via their will or estate plan? While many know that they can give away their LLC interest by will, some may not know that they cannot give away LLC assets. This confusion often comes up as it isn’t aways...KEEP READING
When an elderly person develops dementia or another condition that renders them mentally incapacitated, family members often step in as guardians to manage their affairs. The guardian pays bills, manages property, and makes healthcare decisions. But what happens when the incapacitated person is married, and family members believe the marriage should end? Can a guardian...KEEP READING
When a loved one dies, leaving behind multiple wills executed over many years, family members who believe they should inherit often face a threshold question: do they even have standing to challenge the most recent will? The answer is complicated when an older, self-proved will exists that would control even if the newest will is...KEEP READING
Family disputes over estates often involve multiple fronts of litigation. A will contest might accompany challenges to beneficiary designations. Claims of undue influence might target both probate and non-probate assets. When the dust settles and the jury delivers a mixed verdict, upholding the will but invalidating an IRA designation, who pays the legal bills? This...KEEP READING
Payable-on-death (“POD”) accounts pass directly to named beneficiaries upon death through the contract with the financial institution. Probate court would seem the natural fit when disputes arise over who validly changed those designations. When someone dies, leaving bank accounts behind, family members typically expect the probate court to oversee the distribution of the funds. But...KEEP READING
Family violence tears through households without regard to legal formalities. A grandmother faces exploitation by her own daughter. The granddaughter seeks to protect her. But there’s a complication: the daughter gave up the granddaughter for adoption decades ago, and her parental rights were terminated. Does that termination destroy the granddaughter’s legal standing to seek a...KEEP READING
The phone rings. The caller refuses to identify themselves. They claim your parents’ will was forged and promise they have proof. Most people would dismiss such a call as a cruel prank. But what happens when those anonymous allegations turn out to be true, and the proof comes in the form of boxes filled with...KEEP READING
Last minute estate plan changes often result in disputes. These disputes often involve situations where a elderly and newly widowed parent remarries or finds a new romantic partner quickly after their spouse’s death. There are often questions by the adult children about whether the new spouse or partner gained influence over the parents’ finances, particularly...KEEP READING
When a loved one dies due to someone else’s negligence, family members often find themselves navigating two parallel legal worlds: wrongful death claims that belong to individual family members and survival claims that belong to the deceased person’s estate. The litigation is often prosecuted by a personal injury law firm. They may or not may...KEEP READING
Family relationships can fray after someone dies. Money and property have a way of bringing out the worst in people. Sometimes the conflict escalates beyond angry words at the funeral or tense meetings with the lawyer. What happens when the person named as executor in the will has committed violence against another family member who...KEEP READING
