Probate administration is the legal process through which a person’s assets are distributed after their death. These assets can include money/accounts, personal possessions, real estate or any other items of value. The probate must also account for debts. During the probate process, the administrator or executor creates an inventory of these assets, pays off debts

Last-Will-and-Testament-FormThe death of a loved one is almost always going to bring to the surface complicated and potentially long-standing issues within family relationships. This is perhaps never more the case than when the deceased individual’s estate plan takes family members and beneficiaries by surprise, forcing a situation in which those complicated feelings come out in

Estate PlanningEstate planning can be challenging in some circumstances, there may be disagreement between those forming and setting up the plan and the family members, friends, and other beneficiaries involved. Often, these misunderstandings can be cleared up through communication. One particular issue, however, has a way of creating problems for those expecting to be named as beneficiaries in a loved one’s estate plan: undue influence.

Undue influence takes place when a person in a position of power manipulates an elderly or ill person into forming or modifying an estate plan in a way that benefits him or her. Typically, this individual will be a caretaker or someone who has some control over the grantor’s finances or living situation. Whether a health care worker, an accountant or a relative, such individuals likely wouldn’t have been named as a beneficiary had he or she not been in the position to influence the estate planning process.

This is why such an individual is said to have “undue influence,” as his or her role in the grantor’s life normally would not eclipse the role of the deceased’s spouse, children, and/or other family members.


Continue Reading What Constitutes ‘Undue Influence’ in Estate Planning?

IRS Form 1023For nonprofit organizations, navigating the process of establishing tax-exempt status can be a challenging experience, but the benefits are more than worth the effort. Contributors being able to deduct donations from your taxes, being exempt from income and property taxes and having access to funding through grants, for example, are just a few of the

As you go through your estate planning process, it’s important you fully understand the options and tools available for you to accomplish your goals. For example, knowing the difference between revocable and irrevocable trusts is crucial to your estate planning success.

Here is a brief analysis of each type of trust and how they differ

While the clear majority of wills pass through the probate process without much problem, there are some circumstances in which a person (usually an unhappy beneficiary) decides to challenge a will’s validity. There are many reasons why people may decide to challenge a will—and not just because they are bitter about not inheriting what they