November 2014 - Kamerow Law
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What To Do If My Siblings Are Contesting My Mother’s Will

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What To Do If My Siblings Are Contesting My Mother’s Will

The son of an elderly woman who died with Alzheimer’s Disease has failed in a bid to oppose the appointment of his sisters as deputies for her affairs.

The woman drafted her own will in 1999, and appointed her youngest daughter the executor of her will. That daughter and the woman’s older sister applied to become official deputies of the woman’s property and affairs but that request was denied. The son claims to have been continuously excluded from his mother’s affairs. Allegedly, they ignored his appeals for inclusion in talks of their mother’s affairs, and had barred him from the process of clearing their mother’s property and personal effects from her home, “whilst refusing to advise me of how and where these items (some of sentimental value) have been disposed of.” But the Senior Judge wasn’t convinced by the brother’s arguments and denied his claim of malice and exclusion.

Will Contests

Will contests happen when one or more persons come forward to dispute what is lined out in a deceased person’s last will and testament. This may be which sibling gets the grandfather clock, or it could be upset over how money and other inheritance are doled out. Or, it could be which descendent is named as the executor of the will. The time immediately after a loved one passes is already highly emotional and can be further complicated with ugly disputes between siblings.

Grounds For Contesting A Will

In some cases there are legitimate reasons to contest a will. Some of these may be:

  • The will itself did not get a signature that abided by the applicable state laws.
  • The Testator did not have testamentary capacity to legally sign the will.
  • The Testator was unjustifiably swayed into signing the will.
  • The will was obtained fraudulently.

Alexandria Will Contests Attorney

If you feel you have legal grounds to contest a will, you need experienced legal representation like the attorneys at Kamerow Law Firm, PLLC. Contact us today to schedule your initial consultation or Call 703-370-8088.

 

 

How Do You Define Wrongful Death?

In South Carolina a woman has been permitted to continue pursuing a wrongful death action against a nursing home in spite of the fact she signed an arbitration agreement. The woman, Ann Coleman, signed the agreement along with admission and financial documents on behalf of her sister, Mary Brinson, who was a resident at Faith Health Care Center in Florence, SC. After Brinson died, Coleman filed a lawsuit against the center. Two South Carolina courts sided with Coleman, citing the state’s Adult Care Consent Act, which says representatives can make decisions about the healthcare and financial arrangements of persons who are incapacitated and cannot make proper decisions for themselves.

Murder, Wrongful Death and Wrongful Death Claims

A wrongful death is when someone dies because of the actions or inaction (negligence) of another person. Wrongful death is different from murder in that the defendant (or person being charged) is responsible for the deceased’s death as a result of a careless, deliberate, or negligent act. A Wrongful Death Claim, then, is a legal claim or statement filed accusing the faulty person of that action or negligence.

Reasons for Wrongful Death Claims

Pretty much anyone but your pet can be legally at fault for negligent or intentional acts that result in a wrongful death, including individuals, companies, or even governmental agencies. All types of fatal accidents can be considered in wrongful death claims. Some of these may involve:

  • car or machine accidents
  • medical malpractice
  • product liability

Virginia Wrongful Death Attorney

If someone important to you has died because of another’s negligence, the lawyers at Kamerow Law Firm, PLLC will fend for your rights and assist you in the pursuit of full financial recompense. Our aggressive and caring wrongful death attorneys have defended families in Virginia, Maryland and the Washington, DC Metro area over 25 years. Please contact us if a wrongful death misfortune has impacted your family. Call 703-370-8088 for a free consultation.

 

 

 

 

Do I Need Legal Representation For Probate Administration?

Native American Times reports Indian Affairs Kevin K. Washburn announced his approval of the Northern Cheyenne Tribe’s probate code and that the Department of the Interior’s Office of Hearings and Appeals (OHA) now must employ the code when probating trust or restricted lands within the Northern Cheyenne Reservation in Montana. The Northern Cheyenne’s codes permit tribes to decide how people can bestow trust or restricted land that is a part of the reservation to heirs at the time of someone’s death. The Obama Administration is taking steps like this and many others in an effort to do a better job at empowering tribes to restore tribal homelands while also dealing with the historical dilemmas of land fractionation.

What is Probate Estate Administration?

Probate is a collection of legal actions that occur after an individual passes away. It includes:

  • Proving the will is valid in court
  • Identifying and inventorying the property of the deceased
  • Appraising the property
  • Paying debts and taxes
  • Allocating the remaining property as the will specifies, or as the court specified if there is no will

Probate usually involves paperwork and attendances in court by attorneys. The estate property is used to pay the attorney and court fees, and whatever is left goes to the people inheriting the deceased person’s property.

How does the Probate process work?

In most cases, after a person dies, an executor is assigned (if one wasn’t named in the will) to file papers in court, prove the will’s validity, provide the court with lists of property, debts and anything left for the person’s heirs to inherit. The executor must locate, acquire, and manage the person’s belongings during the probate process. This entire process can take as little as a few months or as long as a year, which depends on what the will says, and on the amount of debts. In some cases the executor may have to make the difficult decision to sell your home or other property in order to make amends for outstanding debts.

Alexandria Probate Administration Attorney

Probating an estate can be confusing if you are unfamiliar with the process. We can discuss all of the options and variables involved in probate when we speak with you. Contact us today to schedule your initial consultation.

Call Us: 703-370-8088 or reach us by e-mail. We look forward to meeting you and working with you at Kamerow Law Firm, PLLC.