When it comes to trust management, trustees hold a critical position of responsibility. A key case that sheds light on trustee obligations and accountability is Leader v. Cords. This landmark case has become a cornerstone in trust litigation, particularly in cases where trustees delay or refuse to make distributions to beneficiaries. Let’s explore what this […]
What happens when the long-standing estate plan of a parent is changed shortly before their death to benefit someone new? Every year the inheritance plans of an alarming number of elders goes awry in the final months of their life without any notice or warning to the unsuspecting family members. It could be a neighbor, […]
Hiring your lawyer on a contingency basis sounds like a great idea. Instead of forking over tens of thousands of dollars for a retainer and refreshing that retainer month after month after month, you simply sign on the dotted line and pay nothing. Well, nothing up front any way. Contingency arrangements allow you to hire […]
If you settle or otherwise resolve a trust or will litigation case, the amount you receive may be drastically reduced by taxes. There are a number of taxes that apply to trust and will assets, such as: Federal estate tax Income tax Real property tax Business personal property tax A host of other taxes. All […]
To prove undue influence, one of the four elements you must establish is the equity of the result. Evidence of the equity of the result may include, but is not limited to, economic consequences to the victim, any divergence from the victim’s prior intent or course of conduct or dealing, the relationship of the value […]
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Undue influence requires proof of the actions and tactics taken by the undue influencer. Actions and tactics include, but are not limited to: (1) controlling necessaries of life, education, the victim’s interactions with others, access to information, or sleep, (2) use of affection, intimidation, or coercion, (3) initiation of changes in personal or property rights, […]
To prove undue influence, one of the four elements you must establish is that the undue influencer was in a position of apparent authority over the victim. Evidence of apparent authority includes, but is not limited to, their status as a fiduciary, family member, care provider, health care professional, legal professional, spiritual adviser, expert, or […]
There may be nothing worse than having to fight for what is rightfully yours. As a trust beneficiary you are entitled to one thing above all else–trust distributions. Some trusts mandate distributions as “outright and free of trust” (meaning distributions now), some require assets to be held in trust until a certain age, and some […]
For purposes of undue influence, a person may be considered to be vulnerable (or susceptible) to undue influence based on incapacity, illness, disability, injury, age, education, impaired cognitive function, emotional distress, isolation, or dependency. These factors in conjunction with whether the influencer knew or should have known of the alleged victim’s vulnerability, play a role […]
