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Category: Probate and Estates

Latest News

Is a Trust Harder to Contest Than a Will?

While no document is completely immune to a legal challenge, a Trust offers meaningful advantages over a traditional Will.

June 23, 2026
Executor Commissions

Question: I am the nominated executor of my friend’s estate. If I am appointed as executor, would I get paid for the work I do?

May 17, 2019
Creditors

Question: I loaned my friend money and, before he could repay me, he died. Will I still be able to collect the debt owed to me?

April 24, 2019
Intestacy

Question: My dad died. He was remarried and survived by a wife and two children from that marriage. I’m a non-marital child. There is no last will and testament. I think he owns some property in his own name but everything else is joint with his wife. What happens now? What rights do I have?

March 20, 2019
Estate and Gift Tax Update 2019

Question: Can you tell me about any updates to estate and gift taxes for 2019?

January 31, 2019
Recent Court Decision Suggests that Banks Cannot Evict Surviving Spouses from Homes Subject to a Reverse Mortgage

With people living longer, many turn to a Home Equity Conversion Mortgage, more commonly referred to as a reverse mortgage, for additional income. Reverse mortgages allow seniors to access the equity in their homes and convert same into an income stream.

January 27, 2019
Dividing the Personal Property of an Estate

Question: My mother recently passed away. I am the nominated executor of her estate. Her Will directs that all of her personal property is to be shared equally among her children. Can you give me any suggestions about how to divide the personal property?

January 8, 2019
Surrogate’s Court Procedure Act

My sister wants me to sign a document that allows her to probate my mother’s will. The problem is that the will favors my sister, and I think the circumstances around the will are suspect. Is there a way I can get more information about the will signing?

November 16, 2018
Inheritance

Inheritance is the practice of passing property upon the death of a decedent. The rules of inheritance differ from state to state.

October 24, 2018
Compelling a Fiduciary to Account an Estate

Question: My sister is the Executor of my mother’s estate. She had three children and we all share the estate equally. My sister sent me a Receipt and Release Agreement proposing a distribution to me of $50,000.00. I want the money, but I don’t feel comfortable signing the Receipt and Release. What should I do?

September 28, 2018
Right of Sepulcher

Question: I was chatting with friends over coffee this evening and someone mentioned the “right of sepulcher”. What exactly is that right?

September 7, 2018