• Blog Post

    Six Basic Questions and Answers about Executors

              If you have a will or have ever dealt with estate administration, you are probably familiar with the term “executor.”   However, most people don’t know what an executor is or what the executor’s role is.  Additionally, what do you do if you suspect an executor is behaving fraudulently or contrary to the deceased person’s wishes?…

  • Blog Post

    Seven Rules for Being an Attorney-In-Fact

              Your aging parents just appointed you as their attorney-in-fact– now what? It is important to keep in mind a few simple rules to stay within the bounds of the law.   Rule #1: Act in the principal’s best interests.             The principal is the person that appoints the attorney-in-fact and…

  • Blog Post

    Terminating a Trust when its Goals are Impossible to Achieve

              Trusts can be terminated in a variety of ways.  Trusts may be terminated because, over time, the goals of the trust become impossible to achieve.  Last month, the Michigan Court of Appeals heard a case, Trupp v. Naughton, presenting such a scenario.[1]  The case was based a trust created for three of the settlor’s children:…

  • Blog Post

    Eight Questions and Answers about Fiduciary Litigation

    What is fiduciary litigation?   Fiduciary litigation encompasses a wide range of legal actions including, without limitation, trust and estate litigation, will contests (also referred to as caveat proceedings), breach of individual and corporate fiduciary duty claims, and guardianship proceedings.  Fiduciary litigation is becoming increasingly relevant as the baby boomer generation continues to age.   What is a fiduciary?  …