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the challenges, slow down, enjoy the journey, and focus on the amazing team we assembled over the past two years that made Douglass & Runger the 113th fastest-growing law firm in the U.S. based on revenue growth the past three years. It took me a long time to write this article, and I debated putting the content out there for our readers, but I vowed to be authentic when I started this newsletter, and giving people a “look behind the curtain” is important to me. Turnover is part of doing business, and recruitment and retention are learning processes. I use these experiences to determine what I can do better in the future and how we can mitigate the fallout from natural turnover that happens at every law firm. Hiring the wrong attorneys was on me, and I regret it. It hurt me, my staff, and the people I had to let go. It’s also never fun telling a client their attorney is no longer with the firm, even when it’s in their best interest. But a part of taking responsibility for that failure is determining how it happened so I can avoid repeating it.
For example, besides working hard to identify a good fit for the team during the interview process, I’ve become much more involved in onboarding. Culture is crucial to any business, and it only takes two or three bad eggs to rot it from the inside. I took our newest attorney out to lunch three days in a row during his first week with various teams at the firm (legal production, sales and marketing, and operations/ management) so he could understand in depth how all the pieces fit together, learn who we are, and recognize what’s expected of him. It’s going incredibly well, and this lesson is a positive consequence of an otherwise challenging experience. I’d be lying if I said rapid growth and unexpected changes didn’t feel overwhelming sometimes. But I’ve learned to take it one step at a time and realize that at the end of the day, everything will work out. I expect to continue climbing this metaphorical mountain as a business owner for many years, so the best thing I can do is pace myself.
Why Estate Plan Disputes Head to Court
LEGAL GROUNDS FOR CONTESTING A WILL
A death in the family is always emotional, but financial considerations can make matters worse. Tension often manifests around a loved one’s Will, with one or more family members disagreeing with its contents. While there are many reasons to morally object to an estate plan, anyone in this situation should know the valid legal reasons are few. IMPROPER WILL PREPARATION Simply writing a Will does not make it legally binding. A Will that does not meet the legal requirements — such as being signed by the Testator (the person creating the Will) in front of two witnesses who are not related to the Testator and not beneficiaries in the Will — is a recipe for disaster. In some cases, multiple Wills exist, which frequently causes disputes. Other times, a Codicil (addendum) is incorrectly executed
to track changes, or the Will contains mistakes or ambiguous terms. These problems point to the importance of always estate planning with a professional. LACK OF MENTAL CAPACITY A Testator must be of sound mind to prepare a legally binding Will. A person who cannot understand the estate planning process or the purpose and effects of a Will lacks the mental capacity to execute the document. These challenges are most common when there is reason to believe the deceased was suffering from dementia at the time they created the Will. In these cases, a Court must decide whether the Testator could comprehend the nature of their actions when they signed the Will. UNDUE INFLUENCE A valid estate plan cannot be created under duress. The Testator must freely decide how to distribute their assets, regardless of the advice they receive from friends and family. Undue influence occurs when a party who has a close and “confidential relationship” with the Testator manipulates a Testator’s vulnerability to create favorable provisions or outcomes for themselves in the Will. Often, the Testator relied on the individual guilty of undue influence for essentials like housing or medical care. In other cases, someone might suspect outright fraud, such as forgery. Alternatively, the Testator may have signed the document believing it was something else. Douglass & Runger can help you prepare an estate plan that is less likely to face future challenges, helping ensure your wishes are carried out. We also help people contest Wills we believe are invalid, improper, or fraudulent. If you have reason to contest a loved one’s Will, call us at (901) 388-5805 for more information about your options.
2 • DouglassRunger.com
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