Lawyers in estate planning and probate cases sometimes have a unique perspective on families and relationships. Not Tolstoy "every happy family" perspective, but a pretty in-depth perspective nevertheless. That is hardly a secret, it seems that families know it - or at least sense it - most of the t...
You hear about simple wills all the time. Usually, it means someone executed 'just' a will, a will that took care of everything without the need for trusts. You know, simple. We find that a lot of people also think: simple will, simple probate, no problems, no worries. It's a natural enough assumpti...
When a promise leads to a will contest, no one wins. That may seem obvious to us, here, now, from a remove, yet it happens over and over again. We have a friend who did some pretty involved business planning for a family owned business in the Northeast about five years ago. It was somewhat complica...
Modern families have, well, modern problems, especially where wills are concerned. Consider this case, happening in New York right now. Brownstones in the West Village section of New York City are worth a small fortune. Today, Fifty-five years ago they weren't - and no one was exactly lined up to ...
Separation and divorce have, perhaps obviously, potentially adverse effects on estates and the probate process. Regardless of when it occurred. Both are fraught with emotions and complications that tend to linger for years. Along the line, promises are made, between the exes, with the children, som...
What happens when an executor or administrator has gone silent and despite your best efforts will not communicate with you. You've called. You've sent letters. You even tried certified mail. And yet, you receive no response. You begin to get a little suspicious. Why would the executor or administra...
Today’s probate law question comes from Atlanta, Georgia. What happens when a business is started by a father and son, the father dies, but the business documents are not clear about whether the son owns any part of the business? To make things more complicated, the father has other children. Does...
I recently received a question from Marietta, Georgia regarding life insurance. In this situation, someone died and that person had named a beneficiary on their life insurance policy. Then, the beneficiary died before the proceeds of the insurance were paid to the beneficiary. What happens to the mo...