Category Archives: Probate

Where do I find a lost will?

Sometimes a parent has recently passed away and their child can’t find the Will which they believe was drafted many years ago.  Here are some suggestions about how and where to start looking for a lost Will:
First, you should go through any papers and if you do not find the Will, be on the look [...]

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Which assets do not go through probate?

In general all the property that the deceased owned at the time of death will be part of the probate estate.  However, there are some exceptions that do not go through probate.
One exception is property held in joint tenancy.  A jointly owned asset will transfer to the surviving spouse or whomever the property was jointly owned with.  Also, [...]

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How do you recover damages when a trust has been mismanaged?

Before you can recover damages you will need to prove that trust mismanagement has occurred.  You will generally need to prove that the trustee did not act in the best interest of the trust beneficiaries.  For example, you may be able to prove that the trustee had a conflict of interest and acted in the best interest [...]

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What is an “Interrorem Clause?

“Interrorem” in Latin means to “put one in fear.”  An “Interrorem Clause” can be inserted into a Will and basically states that if any person provided for in the Will files a Will contest, that person will lose any bequest or benefit provided for them in the Will.  This is often helpful to stop someone from challenging [...]

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Plotting Against Probate

This month’s ABA Journal Magazine had a really great article about the pros and cons of probate administration. Probate is the court procedure that allows for the oversight of a deceased’s will and estate. They make sure that assets and legacies go where the deceased wished it to go.
In recent years and even [...]

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