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December 2016 Archives

Can a no-contest clause keep a will out of court?

For many people, a large part of the purpose of a will is to make sure that their estate is distributed the way that they want it to be distributed. Unfortunately, fights between surviving relatives over who was given more than their fair share or who was denied what they feel is their due can drag an estate into court. If successful, a challenge can prevent your original intentions from being carried out. Even if a challenge isn't successful, it can take years to resolve and prevent your rightful heirs from moving forward.

Challenging a power of attorney

A power of attorney is a document that's designed to give someone else the authority to act on your behalf when you aren't able to do so for some reason. It isn't uncommon for an older person to give a power of attorney to a son, daughter, niece or nephew. The POA gives the younger person the authority to conduct business, including banking and bill paying, for their elderly relative.

In the hands of strangers: Guardianship disputes harm elders

It isn't uncommon for adult children or other relatives to dispute who knows (or wants) what's best for an elderly relative. When that happens, the elder in question can end up being the one harmed the most, and nobody may be happy with the results.

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Larmore Scarlett LLP

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