During probate, disputes may arise about the validity of a will. One common concern involves a testator’s lack of mental capacity when creating the will. Proving this requires specific evidence to show that the deceased lacked the mental clarity necessary to understand the will’s implications. If there is reason to believe the testator lacked mental capacity, it is important to handle the situation appropriately for the sake of a fair outcome.[ ... ]
Accusations of self-dealing against a fiduciary can seriously impact the administration of an estate. Self-dealing happens when a fiduciary benefits personally from decisions made in their role, which breaches fiduciary duty. Trust beneficiaries have several legal options to protect their interests when this happens. Petition to remove the trustee One main option is petitioning the court to remove the trustee. Beneficiaries can request the removal b[ ... ]
When dealing with estate disagreements that span different countries, there are many legal factors to consider. It is important to recognize these complexities as they can greatly impact the litigation procedure. Understanding these intricacies can help families navigate the process more effectively. Jurisdictional issues A prominent challenge in international estate disputes is figuring out which country’s rules control how assets are[ ... ]
Wire and mail fraud exist as two separate crimes that share many characteristics. Though they have similar definitions and penalties, they still count as different issues. What should you know about both? How does the law define both wire and mail fraud? Defining wire and mail fraud The United States Department of Justice Archives takes a look at both[ ... ]
Contracts outline important terms and agreements between parties. A well-written one can prevent numerous arguments and confusion. However, FindLaw discusses that contract breaches are common, and these occur when one of the parties fails to fulfill one or more obligations outlined in the contract. When this occurs, there are a variety of ways to deal wit[ ... ]
Working through disputes can seem time consuming and difficult. Many people find it concerning due to the addition of litigation, too. But litigation is actually entirely possible to avoid. How can one do this? Simply through the use of an alternative dispute resolution method instead. Conflict management skills Harvard Law School discusses the[ ... ]
White collar crime and blue-collar crime exist as two separate criminal categories, with most of the business world's crimes falling into the former category. This includes both mail and wire fraud, which hold numerous similarities. At the same time, they also have great differences. Defining mail fraud The Department of Justice discusses the[ ... ]
Mortgage fraud is a sub-category of financial institution fraud. The FBI aggressively pursues those with allegations when it comes to financial institution fraud. According to the FBI, financial institution fraud targets credit unions, retail banks and federally-insured financial institutions. Generally, mortgage fraud occurs due to a material misstatement, commission or misrepresentation[ ... ]
When you set off on your new business venture, the first thing you must do is decide what sort of business structure suits your needs best. Each structure will benefit different goals, internal company structures, and how you personally want to see your business run and managed. An LLC, or a limited liability company, is one of many structures available for your perusal. Its popularity shows that many business owners like yourself find plenty of benefits with it.[ ... ]
Past posts on this blog refer to the potential of a business client breaching its contract with you (and what legal remedies you might pursue should such an event occur). Yet while you might believe you understand exactly what qualifies as a contract breach, it may surprise you to learn that such an action is often difficult to define. For instance, were you aware that there are actually different forms of contract breaches? Understanding which the actions of your co[ ... ]