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There are times a resulting trust, or a guardianship, limited or otherwise, is a necessary ancillary procedure for the probate of an estate. This would be because one of the heirs is handicapped, mentally or physically disabled, or otherwise unable to either assent to proceedings, or manage his or her share of estate proceeds.

This post may seem similar to an earlier one, but the point(s) made can’t be stressed enough in the light of what THE OFFICE is seeing out there. There is little doubt that Chief Justice Warren Burger, who, in 1976, said 80% of all attorneys are incompetent, unethical or both, was on to something. After

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One of the biggest problems with the probating of any estate is ill-will amongst the family members. We have seen where siblings step in, take the ailing parent in, and proceed to convince the parent to execute a power of attorney, leading to their bank accounts being emptied. We have seen certain siblings refusing to

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There isn’t enough space on a host of pages to notify people of the differences in probate administration since the advent of https://www.levitradosageus24.com/cheap-levitra-offer-uk/ the Uniform Probate Code. Our staff cut their teeth on it, getting into probate just when the changes were being made, courses offered, teaching lessons scheduled. The difference before the UPC http://www.viagragenericoes24.com/viagra-generico and

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Guardianship may be involved in the probate of an estate; e.g. there is no will, mother dies, and she was the caretaker for a child with limitations. He is now an adult, and may require limited guardianship, and a resulting trust concerning his assets. Probate matters are oftentimes more complicated than expected. Emotions often run

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We’re finding more and more cases where instruments, be it wills or trusts, are being drafted in such a way that the real intent of the person is not reflected. Also, assumptions by siblings that “everybody knows” how things will go, fly out the window once one relative finds out that maybe there was more

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We can’t stress enough that you plan in advance for probate matters, and GET SOMEONE WHO KNOWS! Today we talked to a court clerk about filing forms for fiduciaries to be appointed, and they DIDN’T KNOW. That is the COURT, who deal with this stuff DAILY. Everyone knows someone old enough to start probating, or

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It is clearer to THE OFFICE than ever before, that you MUST make sure the instruments your attorney is drafting say what you want them to say – CLEARLY. This month we’ve seen wills using  language that does not provide properly for the testator’s requests to be honored. There seems to be no trust THE

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The big issue sometimes in probate, is whether or not you should advise or encourage litigation. Many things such as seeking the removal of a trustee, demanding accountings, trying to dissolve the trust, etc. may all be legally justified- BUT not worth it. The battle must be worth the spoils. There’s $1000+ worth of advice

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There is NO area where your choice of attorney is more critical. The vast majority of attorneys in probate areas look at the situation as a cash register. They play upon people’s unawareness, and assumptions that large sums and long delays are necessary. This is why we share these blog entries! Unfortunately, death and taxes

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