Filtered by Tag: Estate Law

Trusts and Estates Litigation

Trusts and Estates Litigation

Many people write a will before they die (few after) that identifies who should receive their property after they are gone.  An executor may read these instructions and then distribute property accordingly.  Sometimes heirs fight and claim that the executor is not interpreting the will correctly or following its instructions.  … Some people want to avoid having a will and, instead, set up a trust.  There are many benefits to a trust.  It could have better tax consequences.  It can avoid procedures in court since the trust holds property and, after the decedent dies, the property stays in the possession of the trust and does not need to be distributed.  And it can allow for long-term actions under the guidance of a trustee, as opposed to one big distribution upon a decedent's death.

Read More