Yes, bank accounts are generally considered intangible personal property in a will, as personal property includes all assets that are not real estate. However, bank accounts with beneficiaries usually bypass the will... Read more »
Parties in a lawsuit may make what are known as “reptile theory” arguments during trial, which essentially are arguments that are designed to appeal to jurors’ emotions — particularly to their most... Read more »
Because the vast majority of litigated cases — roughly 90% to 97% — are settled outside of court, it’s difficult to determine an exact success rate for contesting a will. However, after... Read more »
Yes, a trustee can be sued for breaching their duties — especially if their actions resulted in financial harm to the trust or its assets. However, suing a trustee typically requires substantial... Read more »
Suppose a former employee is suing the company where she previously worked for wrongful termination, claiming she was let go due to her religious affiliations rather than her performance. During discovery, the... Read more »
Trusts can sometimes be settled faster than estates — or they may remain open for years. It all depends on the terms of the trust (and the distribution schedule the trust terms... Read more »
To officially serve as an executor, you must be formally appointed by the court at the initial probate proceeding. Until then, you are simply a nominee with no legal authority over the... Read more »
Yes, a trustee can face jail time for a breach of trust, but only if their actions involve a criminal offense, such as embezzlement, fraud or theft. Even then, criminal charges must... Read more »
How much a probate lawyer costs to hire can vary widely from case to case. Because every probate matter is unique, the best way to determine how much you will need to... Read more »
A will that appears out of thin air demands scrutiny. Discover how a probate attorney can help assess the validity of a will. When Anthony Hsieh passed away on November 27, 2020,... Read more »