Blog

Can a Beneficiary Sue a Trustee?

• February 9, 2021
• Kelvin Birk
• Estate Planning

Yes, a beneficiary can sue a trustee. But a beneficiary must prove that a trustee has breached their fiduciary duty. A beneficiary cannot mount a successful challenge simply because he/she has a personal grudge against the trustee or because he/she simply feels the trust is unfair as it was created by the trust owner.

To mount a legal challenge, a beneficiary must show that there was malfeasance, conflict of interest or incompetence on the part of the trustee.

There’s a lot to know about trusts and estate disputes, and challenging a trustee is rarely something you want to do on your own. With the help of

Do You Have to Do Probate When Someone Dies?

• February 9, 2021
• Kelvin Birk
• Estate Planning

Losing a loved one or family member is a terrible time, filled with grief and loss. Not only are you hurting inside, but you also have to deal with funeral details and other legal matters. This is especially true if the person died without a valid will and their estate must go through probate.

If you’re wondering whether you have to do probate when someone dies, the answer is “sometimes.” In Missouri, if a person’s estate is very small, then the law will allow you to skip probate in favor of a simplified process. Otherwise, you’ll go through probate, though this is significantly easier and quicker when the deceased person has a valid will or estate plan with clear d [...]

Can You File Bankruptcy on Student Loans?

• October 8, 2020
• Kelvin Birk
• Bankruptcy

If you are wondering “can you file bankruptcy on student loans,” then you’re not alone. Many, many students take out large student loans during college and then struggle to pay them back. That’s because college tuition seems to increase significantly each year, but annual salaries for jobs just out of college don’t pay enough to meet monthly student loan repayment obligations. It’s a trap that many people fall into.

While in most instances student loans cannot be discharged through bankruptcy, there are some narrow circumstances in which a discharge can happen. Your best bet is to ask our Cape Gira [...]

Why Are Farmers Filing For Bankruptcy?

• July 10, 2020
• Kelvin Birk
• Bankruptcy

Chapter 12 farm bankruptcies continue to rise as farmers and ranchers face a prolonged downturn in the U.S. agriculture economy that’s been exacerbated by 2-3 years of poor growing seasons and retaliatory tariffs on U.S. goods. So, when you ask “why are farmers filing for bankruptcy?” – the answer is that there are multiple compounding factors. Farmers struggling to meet their debt requirements often feel overwhelmed. Skilled and experienced chapter 12 bankruptcy attorneys can review available options with farmers and ranchers and discuss a way forward that makes the most sense for each individual. These are difficult times in [...]