Families may not always agree on the administration of an estate and disputes may arise. When they do, family members may wish to be familiar with the duties of an executor and how they may challenge an executor who has violated their fiduciary duties. Duties of an...
Probate Litigation
Can you change a will after someone passes away?
If someone you love passes away, you may want to do all you can to fulfill their final wishes. However, there are times when their will won’t make you happy, and if you and others in your family feel the same way, then you may want to change it. Unfortunately, it’s...
When is it necessary to challenge the executor of a will?
Losing a loved one is a painful experience. Your hurt may compound, though, if you suspect the executor of their will of misconduct. Their actions may stem from gross incompetence, or they may be nefarious. Either way, you might fear that you have few options for...
When can you remove a trustee?
Trustees have a difficult job and bear a lot of responsibility. Whether you are a trustee or a beneficiary of a trust, you should understand both the powers and the responsibilities of a trustee. You also need to know when a trustee can be removed and replaced. Many...
Asset disputes may arise among blended families
There may be a multitude of individuals in Louisiana and elsewhere who have decided to enter a second, or even third marriage. In some cases, successive marriages may also bring new additions to the family and create a need to update existing estate plans....
Issues that may arise when distributing property in a digital era
There may be a multitude of individuals in Louisiana and elsewhere who have digital assets they wish to be distributed amongst their loved ones after they are gone. When it comes to distributing property, the process of planning for digital assets is similar to that...
Reasons for a legal dispute concerning a will or trust
When a Louisiana resident creates an estate plan, it is assumed, at least at first, that everything was done in accordance with current law. Later, it may become clear that something could be wrong with either a will or trust. If this happens to you, you may consider...
Family collects $1.6 million inheritance after probate case
LeRoy Ern, a former factory worker, left more than $1.6 million after he passed away. Blanche Berenzweig, an ex-insurance agent, received this large inheritance in 2016. Distraught, Ern's family took the case to trial. After a few months of battling, the family will...
How the designation of a power of attorney could lead to strife
Many individuals in Louisiana and elsewhere consider it essential to have a strategy in place for the future should they suddenly become incapable of making decisions on their own. Many may choose to have someone else act on their behalf in these instances by naming...
Undue influence and the burden of proof
There are a multitude of scenarios in which a person in Louisiana or elsewhere may wish to contest a will. In some cases, one may argue that the creator of the will was subjected to undue influence. However, similar allegations typically aren't enough to invalidate a...
