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Bad words, bad people, will lead to litigation. So, if you name the wrong person to make decisions, that could lead to litigation because that person will be breaching their fiduciary duty.
If you have the wrong words in your documents, that can lead to litigation because someone wants to correct those words. If you were taken to a lawyer to change your will three days before you died, that could lead to litigation. So, typically, it’s when someone – words aren’t right, fiduciaries aren’t right, or they did – they signed the document when they were not really capable of signing a document.
The other aspect of litigation is what happens when someone wants to change something they did, which is irrevocable. And so, that’s more litigation revolving around the reformation or decanting of an irrevocable trust.
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Washington, D.C. estate lawyer Gary Altman talks about the most common issue that leads to estate-related litigation.