Archive for September, 2014

When are Couples Considered “Spouses”?

In estate litigation, the Court is often asked to determine whether or not a plaintiff was the “spouse” of the deceased.  We often refer to this as the “threshold question”, because being recognized as a “spouse” typically allows the plaintiff a greater claim on the estate.  While the status of a legally married spouse is usually… View this post »

Are there new Amendments coming to the Adult Guardianship Act?

In a previous post, we discussed amendments to the Patients Property Act that will come into effect on December 1 2014.  There are  also amendments to the Adult Guardianship Act that will come into effect on that date. The amendments will: affect the manner in which the Public Guardian and Trustee is appointed to manage… View this post »

What does it mean to be a fiduciary?

A family member or friend has died and you are named as the executor and trustee under their will. You are flattered and honored, but you’ve never acted in this capacity before and you’re unsure of what exactly it means. One key thing you should be aware of is that, if you take the role,… View this post »