Episode 8 – Can You Trust Your Trustee: When is Estate Litigation Necessary?
In this episode, the hosts welcome Devan Munch an associate in the Litigation Department of Weaver Simmons who practices primarily Estate Litigation. This episode picks up from where Marissa Sarrazin left off in Episode 6. The hosts discuss with the assistance of Devan the implications of pre-death and post-death considerations. They discuss the role of an attorney of property or personal care and what to do when you have concerns with their management under each power of attorney. They then move into the role of an executor and what the requirements and duties are of both attorneys and executors. Finally they finish the episode discussing the case of McGrath v. Joy a recent Court of Appeal decision validating a suicide note as a holograph will which is a very important case for the future of Estates Law.