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Explaining Guardianship and Conservatorship to a Loved One/Beneficiary

Conversations with loved ones who are declining in health and perhaps advancing in age are difficult. Such difficulty is only exacerbated when that loved one is losing their ability to make healthcare decisions on their own behalf or manage their …

Trustee Removal: MUTC v. Trust Document

Just because a trustee was named in a trust document does not necessarily mean they will continue to serve perpetually. Many trust instruments include language granting the settlor (creator of the trust), and/or the beneficiaries the authority to remove a …

Picture this: your great aunt has died and left you and your brother each one million dollars, her entire estate, in a will. Great, right? Now imagine that your brother never appreciated your great aunt during her lifetime, and you …

Alex Harrington, Burns & Levinson

There may come a point in life when you – or a loved one –need a trusted family member, friend, or professional to assist with your property and financial affairs and decision-making.  Since that point may come when you are …

How to Fire Your Fiduciary

There may come a time in your life when you are in need of a fiduciary. A fiduciary relationship is deemed to exist when one party is bound to act for the benefit of another party. You may have the

 

Who can bring an action in Fiduciary Litigation?

A common question in Fiduciary Litigation is who exactly can bring a lawsuit. In other words, who can be the Plaintiff or Petitioner? The legal question is whether or not an …

Dying Without a Will — What’s the Worst that Can Happen?

It is very difficult for many of us to acknowledge that death is, eventually, a certainty for all of us. It’s a topic we’d like to avoid altogether, and it’s something we often avoid planning for because to plan for

How Appointing a Power of Attorney Can Benefit Your Life

In general, estate planning benefits not only the principal’s life, but also the lives of their family members and agents. Prior planning includes wills, trusts, health care proxies, advanced health care directives and durable powers of attorney provide direction, guidelines, …