Tag: Estate Administration
Tag: Estate Administration
ESTATE LITIGATION: Challenging a will with the court’s assistance
Other kinds of orders are necessary in estate matters in specified circumstances, Rules of Civil Procedure (Rules), r. 74.15, which can be obtained from the court....
ESTATE LITIGATION: Challenging a will and strategies for all those concerned
Submission of Rights to the CourtAfter submitting his or her rights to the court, Rules of Civil Procedure (Rules), r. 75.07.1, a person can either:Request on...
ESTATE LITIGATION: Challenging the validity of a Will after probate
Order for Return of Certificate (Probate already obtained)When a Certificate of Appointment of Estate Trustee (Certificate) has already been issued, the proceedings to challenge a will...
ESTATE LITIGATION: Challenging the validity of a Will prior to probate
When someone seeks to overturn the last will and testament of a deceased, the process is known as challenging a will. Usually, the common grounds for...
ESTATE ADMINISTRATION: Advising the Surviving Spouse
The precise nature of the executor/trustee/personal representative’s obligation to advise the surviving spouse is not clear. If the estate trustee is responsible only to the estate...
ESTATES & NFP: Income Tax and Family Law considerations at death
Income Taxes at DeathClaims arising on the death of a spouse are not many, nor is there much jurisprudence dealing therewith. But claims arising on marriage...
ESTATES & EQUALIZATION: How the Courts can enforce your Family Law rights
Court OrdersThe court has extensive powers to enforce the equalization order, Family Law Act (FLA) section 9. It can order:Money to be paid;Security to be given;Payment...
ESTATES & EXECUTORS: How the Family Law Act impacts the administration of an estate
Restrictions on Distribution of EstateAfter the death of a spouse, no distributions can be made out of the estate during the six month period immediately following...
ESTATES & INTESTACY: Spousal statutory rights when there is no Will
Continuing the discussion of the effects of a Family Law election on various aspects of estate administration; its effect on intestacy is now reviewed.Effect on IntestacyIn...
ESTATES & EQUALIZATION: Spouses electing their Family Law rights and the consequences thereof
It cannot be stressed enough how important it is for the surviving spouse to establish his or her entitlement to insurance proceeds and to survivorship benefits...