Month: December 2019
When a trustee puts personal gain before the trust’s interests
The trustee who manages the major decisions and transactions for a trust has an obligation to the trust itself, the testator who created the trust and the beneficiaries. They should always put the best interests of the trust before their own personal interests. This obligation, known as a fiduciary duty, serves as a protection for…
What should you do if you discover serious construction defects?
Construction and home building are trades governed by both state rules and best practices in the industry. Professionals have an obligation to create structures that are safe and functional for the people who hire them, as well as to comply with terms set in the contract for work. Unfortunately, not all construction professionals make as…
What not to include in a will
The prevailing wisdom when drafting estate planning documents is to be as thorough as possible. Those drafting the will should have a comprehensive list of assets, clear directions for how to disperse them and how to handle other relevant matters. Nevertheless, there are certain assets and arrangements you should not include as part of your…
What to do if you are not in the will?
Parents will often have a difficult time discussing the details of their will, trust or estate plan. So it may be a few words along the lines of, “you and your brother will split everything after your mother dies.” That is often all the information that a family member gets unless they are the trustee….