| Will Contests -- Undue Influence |
| |
| When someone influences a testator to make out his will and leave his property in a manner that he would not have done were it not for the influence, then the will is the result of "undue influence" and is invalid. Almost every would-be beneficiary who is left out of a will thinks he has a case of undue influence against another beneficiary who is suddenly named to receive most or all of the estate. This seems to happen very often, for instance, where children are omitted in favor of a new spouse. Unfortunately, undue influence is extremely difficult to prove, as it is usually done subtly, over a period of time, and there is no specific act or incident that clearly reveals it. Therefore, it must almost always be shown by circumstantial evidence. (Here's an example of circumstantial evidence: You checked your mailbox and found some mail. Then you noticed prints in the snow of exactly the type of boot your mailman wears in the winter. Although you didn't actually see the mailman deliver the mail, the circumstances strongly indicate that he delivered it.)More... |
| |
| Resulting Trusts |
| |
| Trusts are sometimes classified by the intent, if any, of the settlor to create a trust. This article discusses the kind of trust for which the settlor's intent is implied: the resulting trust.More... |
| |
| Precatory Language, Ademption, and Abatement |
| |
| One of the main purposes for making and leaving a will is to guide the administration of the estate of the testator--the person who made the will. A will should be written in language that is clear and indisputable. Alas, the language in a will may be unclear or vague. This article discusses the will interpretation and construction issues of precatory language, ademption, and abatement.More... |
| |
| Inheritance Issues -- Widow's Allowances |
| |
| Every state has laws that offer some protection for the welfare of a surviving spouse and, to a lesser extent, minor children of the deceased in cases where the deceased did not provide for them in his or her will or where the family requires financial assistance while the estate is being settled. For the most part, these provisions favor the surviving spouse, and amounts allowed for the care of minor children, surprising as it may seem, are usually quite limited. A minor child has no right to sue the estate of a parent for support, despite the fact that the parent had the legal obligation to support the child while the parent was alive. Most states, however, do provide shelter, at least, for the minor child for a period after the parent's death.More... |
| |
| Co-Ownership Myths - III |
| |
| One of the most confusing aspects of estate planning is the numerous myths about co-ownership of property. Many people do not understand the differences between a tenancy in common and a joint tenancy with right of survivorship. Many people do not understand what a tenancy by the entirety is or was. Many people do not understand the differences between the common law forms of co-ownership and community property.More... |
| |
