Russ Cook & Associates, PC
615-200-9117

Probate Archives

Preventing family feuds during probate with a solid estate plan

The probate process can put family members at odds with each other. Often, families fight over property, how to interpret a decedent's wishes or how to administer an estate. Whether these types of battles are expected or not, they can put immense strain on family members.

Troubles arise when a trustee is distrustful

Administering a trust is a major responsibility. Whether the party in this role is an individual or an institution, it is crucial that they perform their duties lawfully and in accordance with the settlor's wishes. Failure to do this can have devastating consequences, including a contentious legal battle and removal of the trustee.

What happens when someone passes away without a will?

Creating a will is something every adult should do, though many have not done it. Often, people put it off because it's uncomfortable or they think they don't need one. However, the fact is that not having a will can leave loved ones without any guidance or protection.

Can I contest a will if the decedent excluded me?

The death of a loved one can trigger painful emotions and complicated interactions with family members, especially in situations of estrangement or strained relationships. This can certainly be the case if your loved one excluded you from his or her will.

How do I fund a trust?

Setting up a trust can be a wise estate planning decision for people looking to avoid probate and certain complications of transferring assets after death. However, a trust could ultimately cause more problems than it solves if it is not set up properly.

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