Losing a business partner or a family member brings enough grief on its own. Unfortunately, many business owners face even more stress when legal battles break out over land, money or company assets. If a probate court ruling goes against you, you might feel like you...
PROVEN IN AND OUT OF THE COURTROOM
Estate Planning
Securing the team that built your business
Business succession planning is a vital step when you prepare for retirement, a sale or passing the company to your heirs. This transition is a complex process that involves much more than just signing over titles and assets. Key employees provide the stability and...
How to handle a biased executor favoring some beneficiaries?
The executor responds to your siblings’ emails within hours but takes weeks to acknowledge yours. They have already received family heirlooms "as gifts," while you are told such distributions must wait until probate is complete. When executors play favorites among...
How could an executor or trustee breach their fiduciary duty?
Estate and trust administration are complex, lengthy processes. Depending on the circumstances, estate administration could require more than a year to complete. Trust administration could require decades of ongoing efforts. The individuals who agree to act as...
Why some testators choose professional fiduciaries for their trusts
People establishing estate plans have to make many difficult decisions. They have to decide who should inherit from their estate and how to handle their responsibilities after they pass. They typically also need to select individuals to hold positions of authority....
Litigation can potentially remove an executor and protect a legacy
An executor or personal representative is a fiduciary tasked with estate administration. The term fiduciary refers to an individual in a position of authority and trust. They have an obligation to act in the best interests of estate beneficiaries. That fiduciary duty...
Will contests: Who can file and reasons to file
In Rhode Island, the probate process includes mechanisms to challenge the validity of a will through a will contest. This legal procedure ensures that a deceased creator’s testamentary document reflects their true intentions. Will contests safeguard against potential...
What should you know about trusts in an estate plan?
Navigating the complexities of estate planning can be a daunting task. From designating beneficiaries to organizing your assets, each decision holds weight. One critical element that often arises in the process is the choice between a revocable and an irrevocable...
What happens to an estate’s debts?
An individual is likely to be navigating some level of debt when they pass away. For example, maybe an individual owns their home and owes property taxes. Maybe they haven’t paid their income taxes for the year. Perhaps they’ve been using their credit card for daily...
3 times people may want to remove an executor from their role
The executor or personal representative of an estate in Rhode Island is entrusted with a great deal of work. It will typically be their responsibility to secure the property of the deceased individual and to communicate with interested parties, including creditors and...
