Estate plans work best when they reflect how a family functions. Still, many people sign a will or trust once and leave it untouched for years. Life moves, relationships shift, and assets change. When the plan doesn’t keep up, the gaps usually show up after the decedent passes away, and that’s when disputes can escalate quickly.
One of the most common issues is the assumption that equal shares automatically solve everything. In blended families, that approach can unintentionally create tension. Children from different marriages may have different expectations or histories, and a uniform split doesn’t always match the decedent’s intent.
Another trouble spot is naming minors or individuals with disabilities as direct beneficiaries. Without a trust in place, the court may step in and create a guardianship that limits how the funds can be used.
Beneficiary designations also cause problems. Old retirement or insurance paperwork might still list an ex-spouse or omit newer family members. Since those designations often override the will, the wrong person may end up receiving a significant asset.
When an estate plan looks dated or doesn’t match what’s happening in the family, it’s common for heirs to question whether it reflects what the decedent wanted. Disputes over undue influence or capacity often come up after major life changes, such as remarriages, long periods of estrangement, or a shift in who provided care toward the end of life. On top of that, certain assets can move outside the plan entirely. Joint accounts or pay-on-death designations may leave one person with far more than anyone expected.
Estate plans age quickly when life moves on. Big moments, like marriage, divorce, welcoming a new child, relocating, or a major change in finances, are all good reasons to take another look at your documents. Updating the will or trust, checking your beneficiary forms, and making sure your assets are titled the right way can prevent most surprises later.
If your family or finances have changed since you last checked your estate documents, it may be time for an update. O’Brien Law Firm helps Mississippi families create plans that match real-life circumstances. Call 662-672-7619 (or 866-934-8148 toll-free) or visit our contact page to set up a conversation.
When a debtor files for bankruptcy, it may seem like everything freezes and creditors just must wait it out. However, the process isn’t one-sided. Creditors still have meaningful ways to speak up, especially when something about the filing doesn’t look right or a particular debt needs closer attention. The rules are specific, the deadlines move quickly, and the court expects creditors to be clear about what they want and why.
A creditor can object to a debtor’s discharge if there’s reason to believe the debtor hasn’t been honest. The issue could be missing property, records that don’t add up, or when the debtor ignores what the court orders.
An objection opens a separate case inside the bankruptcy, and it feels more like litigation than paperwork. There’s also the option to challenge only one debt, which is common when fraud or intentional harm is involved. In those situations, the bankruptcy may continue normally, but that one debt stays alive unless the debtor can show otherwise.
Not every dispute is about dishonesty. Sometimes, the creditor just needs permission to move forward with collecting collateral. Asking the court to lift the automatic stay is one of the most common motions.
Judges look at practical facts:
Creditors may also question whether the bankruptcy should continue at all. For example, if a debtor files repeatedly only to stall a foreclosure, a creditor can ask the court to dismiss the case.
If a creditor plans to push back, whether through an objection or a motion, gathering information early makes everything easier. Bank statements, contracts, service notes, and communication records often reveal more than the schedules filed with the court. A Rule 2004 exam can also help fill in details the creditor can’t get otherwise.
Creditors don’t have to guess their way through the bankruptcy procedure. O’Brien Law Firm helps creditors understand their options and act when needed. Call 662-672-7619 (or 866-934-8148 toll-free) or reach us through our intake form to talk with our team about your situation.
