A will usually names a Personal Representative (PR), but what happens if that person cannot or will not serve? It happens more often than you may realize. In some families, the appointed person has died. In others, a family member may not have the time, expertise, or desire to take […]

Most people who try to DIY asset protection generally have the best intentions. They typically make a gift, transfer a house, or add a family member to a bank account because they think it will protect the property from probate and creditors or, at the very least, simplify things for […]

During life’s most difficult moments (and when you least expect it), estate hijacking can take place. What exactly is “estate hijacking?” Also referred to as inheritance theft, estate hijacking is when one person seizes control and access to accounts, property, or paperwork, often without legal authority. The phrase “estate hijacking” […]

One of the most common bases for challenging a will is to claim that the testator (the person who is making the will) lacked testamentary capacity. For a will to be valid and enforceable, the law requires that the person making the will be of sound mind – meaning that […]