Category Archives: Estate Trust Litigation
Financial Exploitation of Older or Susceptible Adults
The Maryland SAFE Act (Statute Against Financial Exploitation) In October of 2021, a Maryland law was put into place to address the financial exploitation of susceptible adults and older adults. The statute has “teeth”. An “older adult” is defined as someone at least 68 years old. The definition of a “susceptible adult” is more… Read More »
Correcting My Will, Trust, Power of Attorney, Advance Directive, and Other Legal Documents
So, you’ve completed your estate planning documents. You carefully reviewed them. They were duly signed and witnessed and you’ve got them in a safe place. But then you and your spouse were talking and you’ve decided that one of the gifts you put into your Will is now a bad choice. You had given… Read More »
The Parallels of Estate & Trust Litigation and Divorce and Custody Litigation
For the first 20 years of my law practice, a significant part of it involved contested divorce and custody work. Frequently, at the core of the disputes was information provided by a child to the parents. Generally, issues arose for three reasons: (1) the child was not old enough to appreciate the importance of… Read More »
Common Disputes That Lead to Estate Litigation
Most people assume that when they create a legal document with respect to their estate, such as a last will and testament (will) or an irrevocable living trust (trust), that it will be iron-clad and legally binding. However, in many cases, a family member or loved one does not agree with the will or… Read More »
Litigation – Guardianship, Power of Attorney and Probate
Disputes may arise from either death, disability or incapacity (either someone young or older). Different types of litigation may be filed in court when the estate of a person is unclear or challenged. Understanding the types of litigation, and when you can bring a claim to court can help you determine if you may… Read More »
Taking Time This Holiday Season To Discuss Estate Planning
The holidays should be a time to spend enjoying your loved ones, family and friends. However, many families find that the holiday season is really the only time they are all gathered together in one place. Consider taking this time to have a straight-forward conversation about estate planning with your loved ones. Remember that… Read More »
Estate Documents After a Divorce
If have just been through a divorce, it’s likely that the last thing you are thinking about is your last will and testament. However, if you created any estate planning documents, including a will during the time of your marriage, you may want to consider updating these documents. Many estate litigation cases occur due… Read More »
Estate Disputes and Prior Correspondence
In many cases, disputes regarding estates happen months or years after the initial disagreement begins. During this period of tumultuous activity within a family, many communications are sent, through either email, texts, letters, or other forms of technology. With so many ways to communicate, it is important to remember that these communications can all… Read More »
Contesting a Trust
Oftentimes, someone will create a living trust (either revocable or irrevocable), instead of or in addition to a last will and testament (will) as part of the estate planning process. The trust will name beneficiaries of all assets, similar to a will. Any person that has a vested interest in the outcome of a… Read More »
How To Contest a Will and Win
A Last Will and Testament allows someone to pass on their estate to their beneficiaries as they see fit in the state of Maryland. Oftentimes, a loved one will have changed their Last Will and Testament (will) unexpectedly, and beneficiaries will not receive what was originally promised or intended by their loved one that… Read More »