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Tag: Estate Law

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Estate Sale Gone Awry

person is handcuffsEstate sales are increasingly popular ways to get rid of unwanted items of personal property from an estate. One Colorado woman recently learned just how eager people can be to get a good deal.

Mary Andrews, a resident of Longmont CO, recently had an extremely bad day. She had a garage sale but did not manage to sell everything she had on offer.  However, that is not unusual.

Before Andrews cleaned up all the leftover items from her lawn, she left her house without locking her door. When she came home later, she found a lot of people inside her home taking everything that was not nailed down.

Why? An estate sale was supposed to be held two doors down from Andrews. People mistakenly believed that hers was the house for the estate sale. Furthermore, these people mistakenly believed that everything left over, which included the items in her house, were all left over and free for anyone who wanted them.

The police filed a report on the incident.  However, they have closed the case due to the lack of suspects. Fox News reported on this incident in “Colorado house ransacked after estate sale mix-up.”

The good news here is that people who are having estate sales can expect very enthusiastic buyers, even if they are not giving the items away for free. Estate sales have proven to be a great way for heirs to dispose of property they do not want. Buyers are so enthusiastic that many elderly people are having estate sales, while they are still alive as a way to downsize before moving to a smaller, more manageable home.

Reference: Fox News (March 28, 2018) “Colorado house ransacked after estate sale mix-up.”

 

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Will Challenges in Canada

Bigstock-Family-Couple-Relationships-Cr-5604405[1]Contests over wills are increasing in Canada just as in the U.S. Despite there being several ways to successfully contest a will, it is not an easy thing to do.

Part of the population in the U.S. has seen continually rising wealth in the last few decades, while other parts of the population have not. In the process, one trend has emerged and that is that there are more wealthy estates that people deem worthy of fighting over.  As a result, more wills are being contested in court by those who do not believe they have been left the inheritances they deserve.

The U.S. is not alone in this trend. The same thing has been happening in Canada, as The Globe and Mail reports in "Left out of the will? Here are your options."

The options for challenging a will in Canada are very similar to those in the U.S. There needs to be a good reason why the court should disregard the will and distribute the estate differently.

A common reason is by citing undue influence. That is the allegation that someone has inappropriately influenced another who has diminished capacity of some sort to create a will for the benefit of the influencer. It is not an easy case to prove, but it is possible to do so.

In the U.S. and in Canada, not just anyone can challenge a will. Only people who have a financial interest of some sort in the estate can make the challenge.

If you want to challenge a will, the first thing you need to do is visit an estate attorney. The attorney can evaluate your claim and let you know whether it is a good idea to proceed with a challenge.

Reference: The Globe and Mail (Feb. 26, 2018) "Left out of the will? Here are your options."

 

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In Vitro Fertilization and Posthumous Children

Bigstock-Doctor-with-female-patient-21258332[1]Advancements in technology often require that legal rules be put in place to account for the advancements. When it comes to in vitro fertilization, the law is still adapting, as a case from Spain illustrates.

Before undergoing cancer treatment that could render him infertile, a Spanish man decided to freeze his sperm for possible later use by his partner. After the treatment, the couple started the process of in vitro fertilization but did not complete it, since his condition got worse and he passed away.

The day before he passed away the pair were married.

After his death, the Spanish woman unsuccessfully attempted in vitro fertilization four times. The clinic refused her a fifth attempt without a court order.

It seems that Spanish law only allows genetic material to be used for 12 months after a person has passed away, according to FOX News in "Judge allows woman to undergo in vitro fertilization with dead husband's sperm."

The interesting aspect of this case is that the government chose not to argue in court on legal grounds that the woman should not be able use the sperm. Instead, the government argued on the moral grounds that it was impossible to know whether the man would still want the child or even if he would still want to be married to the woman, if he were still alive.

The government took the position that the man could not consent to having a child, but the judge was not persuaded and ruled in favor of the woman.

Similar cases are expected to appear with greater frequency and present a challenge to current estate law.

It is not clear how estates that are already settled, will be able to handle a child born years after the deceased passed away.

Reference: FOX News (March 23, 2017) "Judge allows woman to undergo in vitro fertilization with dead husband's sperm."