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Beneficiaries Estate Claims Executors

Stark & Stark

When Executors Go Too Far: What to Do About Fiduciary Misconduct in Pennsylvania Estates

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Executors play a crucial role in managing and distributing an estate according to the wishes outlined in a will. But what happens when an executor steps outside their duties or abuses their power?...more

Walkers

Your comprehensive guide to appointing an executor

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What you need to know before appointing an executor under your Will - Appointing the right executor is one of the most important decisions when preparing a Will. Executors play a central role in the administration of an...more

Downey Brand LLP

A Risky Game: Can An Estate Representative Be Their Own Lawyer?

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You’ve probably heard that “He who represents himself has a fool for a client,” an adage dating back to the 17th century and commonly attributed to Abraham Lincoln (but not by me – I first heard it on an episode of...more

Downey Brand LLP

Judgments Should Name Fiduciaries in Their Representative Capacities

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When an administrator (or executor) of a California estate is named in a judgment, the attorney drafting the judgment must be careful. A person who acts in a representative capacity should be identified that way in the...more

Gray Reed

Can Executors Keep Secrets From Beneficiaries?

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Following the untimely death last year of his father Big Daddy Bux due to COVID-19, brother Hustler Bux was appointed independent executor of Big Daddy’s Will. When Hustler asked for a judicial discharge, sister Kathy...more

Farrell Fritz, P.C.

Waiving a Decendent’s Attorney-Client Privilege

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“The attorney client privilege, the oldest among common-law evidentiary privileges, fosters the open dialogue between lawyer and client that is deemed essential to effective representation” (Spectrum Sys. Intern. Corp. v...more

Downey Brand LLP

Executor Can Swing Away at an Omitted Spouse Petition

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Born in Fresno, Kirk Kerkorian was an Armenian-American who went on to become a wealthy businessman and philanthropist, known for his role in shaping development in Las Vegas. After Kerkorian died in June 2015 at the age of...more

Farrell Fritz, P.C.

Fiduciary Imprudence: When the Sale of an Asset Results in a Surcharge

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Although one of the many duties and responsibilities of an executor is to marshal and appraise estate assets, and, depending upon the dispositive terms of the governing instrument, liquidate them for purposes of distribution,...more

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