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Probate and Estate Disputes Archives

What are signs an executor has breached their fiduciary duty?

The executor of an estate has specific fiduciary responsibilities. It's an Ohio personal representative's legal obligation to act in the best interest of the deceased and carry out their instructions and wishes to the best of their abilities.

Why might you need to remove a trustee?

A trust owner's goal when selecting a trustee is to find someone that will handle distributions of assets per their preferences. Unfortunately, things don't always go according to plan. It may become necessary to remove a trustee before or after your death.

How to prevent your family from fighting over your estate

You can probably find dozens of reasons to postpone creating an estate plan. However, no matter how unpleasant you may find the prospect of contemplating a time when you'll no longer be around, an estate plan can make things easier on your loved ones when that time comes.

Get assistance with the probate process after a loved one's death

When a loved one passes away, there are many things that those who are left behind have to do. Not only are there funeral or memorial plans to make, you also have to deal with the person's estate. This will involve going through the probate process for many people.

How do you plan for simultaneous family member deaths?

If you and your spouse are pondering how you're going to develop your estate plan ahead of retaining an attorney, you may picture your assets being handed down in a fairly linear fashion. When one of you dies, the other one gets everything. When they die, your children will inherit everything. If you don't have children, maybe you decide that your assets will go to your favorite nonprofit organization or the college where you met decade ago.

Don't forget your student loan debt in your estate planning

As the cost of higher education increases, so does the amount of student loan debt held by Americans. Some people are paying off their student loans even after they've retired. Others are still paying off loans they've taken out for their children.

Aretha Franklin's family still fighting for control of her estate

When people with considerable assets and complicated families pass away without an estate plan in place, loved ones and others often engage in expensive, lengthy, contentious legal battles. That's probably not what the deceased person would have wanted. Unfortunately, people don't want to think about their ultimate passing, so they don't take steps that would help avoid these disputes.

Why your estate planning should begin when you're a young adult

Many people don't begin to think about estate planning until they're nearing -- or already in -- retirement. However, younger adults are starting to see the advantages of at least beginning to build an estate plan. According to a survey by Caring.com, about a third of adults in their mid-30s to mid-40s have drafted a will.

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