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Beneficiaries Personal Representatives Fiduciary Duty

Whiteford

The Fiduciary Duties of an Executor of An Estate in Virginia

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Executors and administrators of estates in Virginia must swear an oath before the probate clerk that they will “faithfully perform the duties of [their] office to the best of [their] judgment.” These duties are called...more

Warner Norcross + Judd

A Reminder of a Fiduciary’s Duty to Use Forms Approved by the State Court Administrative Office- UPDATED 12-23-2024

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This week, the Michigan Court of Appeals released its decision in In re Estate of Joel Solomon Weingrad, Docket No 360247, 2023 WL 3397437 (Mich Ct App May 11 2023) (unpublished), which stands for three principles in estate...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - November 2023

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This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more

Winstead PC

Court Affirmed Removal Of An Administratrix For Gross Mismanagement

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In In the Est. of Lemme, an administratrix of an estate hired her boyfriend to do legal work. No. 07-21-00300-CV, 2022 Tex. App. LEXIS 8829 (Tex. App.—Amarillo December 1, 2022, no pet. history). ...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - December 2021

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Daughter with Power of Attorney Had Burden to Show No Undue Influence over Father - Coscia v. Sweezey, 2021 WL 4765696 (Mass App. Ct. October 13, 2021) - Does holding a power of attorney from a parent in declining...more

Lewitt Hackman

When There is Only a Will There’s No Way You’re Avoiding Probate

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A common misconception is that when you die with a Will, your heirs avoid probate. In California when you die with a Will and the total assets owned in your sole name exceed $166,250, your estate goes through probate (a court...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – October 2019

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The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. ...more

Farrell Fritz, P.C.

Wills, Trusts & Estates: Plain and Simple – What Does an Executor Do?

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An Executor (technically, Executrix if a woman) is the person you appoint to carry out your wishes as expressed in your Will. The Executor’s job lasts a relatively short period of time, typically two to three years, ending...more

Downey Brand LLP

California Probate Administration Is No Time for Napping

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In the absence of a trust that allows assets to pass without opening probate, the California probate process lasts for at least six months and can run much longer depending on the size of the estate and the nature of assets....more

Winstead PC

Texas Statutes Now Allow A Court To Modify Or Reform An Unambiguous Will

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I. Introduction Historically, Texas courts could not resort to extrinsic evidence to construe an unambiguous will. San Antonio Area Foundation v. Lang, 35 S.W.3d 636 (Tex. 2000)....more

Foodman CPAs & Advisors

Understanding a Personal Representative

A Personal Representative (PR) is in charge of the property (estate) of an individual who has died (known as the decedent). When a person passes away, their assets become property of their estate....more

White and Williams LLP

Personal Representatives and Fiduciaries: Executors, Administrators and Trustees and Their Duties

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The death of a loved one or close friend is a traumatic experience. In addition to the emotional anguish, those who are charged with dealing with the decedent’s personal and financial affairs following death are often left...more

Goulston & Storrs PC

Probate and Fiduciary Litigation Newsletter - July 2018

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First, in Calhoun v. Rawlins, No. 17-P-40, 2018 WL 3131023 (Mass. App. Ct. June 27, 2018), the Appeals Court held that creditors could access a spendthrift trust that was created for a beneficiary with cognitive impairments...more

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