The Family War - Table of Contents Chapter 4

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Table of Contents

CHAPTER 4
ESTATE LITIGATION - IN DEPTH
1. CONTESTING THE WILL
a) Mental Incapacity of the Will-maker
b) Undue Influence
c) Improper Signing
d) The Will was Revoked before Death
e) A Successful Will Challenge - What Happens?
2. CLAIMS AGAINST THE ESTATE
a) Spousal Claims
b) Dependant's Support Claims
c) Compensation for Services
d) Challenges to Gifts made during Life
e) Abuse Claims
3. CLAIMS INVOLVING THE EXECUTOR
a) 10 Common Executor's Mistakes
1. Don't Do Anything .
2. Don't Invest Estate Money.
3. Don't File Tax Returns.
4. Don't Check for Creditors.
5. Pay All Lawyer's and Accountant's Bills Without Checking Them.
6. Don't Keep an Accounting.
7. Don't Get Appraisals of Estate Assets.
8. Give Away Property for Nothing.
9. Don't Communicate with the Beneficiaries.
10. Don't Keep Track of the Time Spent on Administering the Estate.
b) Conflicts over Executor's Discretion
c) Removing an Executor by Court Application
A. Conflict of Interest
B. Failure to Properly Administer the Estate
C. Animosity
4. COURT INTERPRETATION OF A WILL
5. DISPUTES INVOLVING MENTALLY INCAPABLE PERSONS
a) Where there is a Power of Attorney
b) Where there is No Power of Attorney

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