A resource for lawyers and the public in Massachusetts and New Hampshire for information on will contests, trust disputes, guardianships, conservatorships, elder exploitation, fiduciary duty claims, and other probate litigation disputes.
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All too often, a client signs a trust, but fails (perhaps despite reminding) to re-title accounts and other assets in her name as trustee. When she passes, this failure will not be consequential if her probate estate is governed by a pour-over will or otherwise passes to the same beneficiaries in the same proportion as […]
What happens if the settlor expresses clear intent to amend her trust, but fails to sign the written amendment before she passes? This scenario recurs with some frequency and estate planners should bear in mind that, depending on the language of the governing instrument and the circumstances, non-execution affirmation of the amendment may be sufficient. […]
