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Estate Planning › Testators

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
Fleurinord Law PLLC

Navigating the Twists and Turns of Aretha Franklin’s Estate 5 Years Later: Lessons Under Texas and Florida State Laws

Fleurinord Law PLLC on

Aretha Franklin, the legendary Queen of Soul, passed away on August 16, 2018 from pancreatic cancer at the age of 76 in Detroit, Michigan.  She left a legacy marked by her incomparable music and talent, and a $6 million...more

Goulston & Storrs PC

SJC Finds Words of Survivorship Sufficient to Avoid Anti-Lapse Statute

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Does the phrase “if they survive me” demonstrate a testator’s intent to avoid the Massachusetts Uniform Probate Code (“MUPC”) anti-lapse statute, Massachusetts General Laws Chapter 190B § 2-603? The Massachusetts Supreme...more

Stark & Stark

Capacity to Execute a Last Will and Testament

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When an individual executes a Will near the end of their lives, or at a time that they are suffering from emotional or physical trauma, a question may arise whether the decedent had sufficient capacity to execute their Last...more

Charles E. Rounds, Jr. - Suffolk University...

Incorporating into a trust instrument a nonjudicial mechanism for effectuating on an ongoing basis the wishes of the deceased...

Charles E. Rounds, Jr. - Suffolk University... on

There is much to commend in O’Brien, Proposing a Model Antilapse Clause, 48 ACTEC L. J. 257 (2023), particularly its flagging of the doctrinal and practical flaws in Uniform Probate Code §2-707, which would apply the...more

Farrell Fritz, P.C.

The Admission Of Remotely Witnessed Wills To Probate In New York

Farrell Fritz, P.C. on

In 2021 and 2022, I wrote about Surrogate’s Court decisions that addressed the admission of remotely witnessed wills to probate in New York State.  Since then, Surrogate’s Courts have issued at least two more decisions...more

Freeman Law

Challenging Testamentary Capacity in Texas

Freeman Law on

When an interested party contests the capacity of the testator, what standard do courts use to determine the validity of a will? The recent case of Neal v. Neal provides insight. In that case, following her diagnosis of...more

Winstead PC

Texas Statutes Now Allow A Court To Modify Or Reform An Unambiguous Will

Winstead PC on

I. Introduction Historically, Texas courts could not resort to extrinsic evidence to construe an unambiguous will. San Antonio Area Foundation v. Lang, 35 S.W.3d 636 (Tex. 2000)....more

Downey Brand LLP

Probate Code Provides Ground Rules for Who Gets What from Wills and Trusts

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Many California will and trust disputes arise from ambiguity in the document with respect to who is entitled to an asset. Maybe the document was hazy from the start or perhaps circumstances have changed such that the rightful...more

White and Williams LLP

Personal Representatives and Fiduciaries: Executors, Administrators and Trustees and Their Duties

White and Williams LLP on

The death of a loved one or close friend is a traumatic experience. In addition to the emotional anguish, those who are charged with dealing with the decedent’s personal and financial affairs following death are often left...more

Cranfill Sumner LLP

The Requisites for a Valid Will in North Carolina versus Texas: Blinking a Testator’s Estate Plan and Execution of a Will

Cranfill Sumner LLP on

Recently a Texas intermediate appellate court affirmed a trial court’s ruling to admit a Will for probate when the decedent did not personally sign it and only communicated his desires by blinking. In the Texas case, the...more

Farrell Fritz, P.C.

Testator Intent and In Terrorem Clauses

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My colleagues have written on the enforceability of in terrorem clauses, and the courts continue to confront challenges in reconciling the testator’s intent to impose an in terrorem condition with the rights of beneficiaries...more

Winstead PC

Court Affirmed The Probate Of A Will Where The Testator, A Quadriplegic, Blinked His Desires To Draft And Execute The Will

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In Estate of Luce, the court of appeals affirmed a trial court’s admitting a will to probate where the decedent did not personally sign it and only communicating his desires by blinking. No. 02-17-00097-CV, 2018 Tex. App....more

Winstead PC

Court Reverses A Probate Order Requiring An Executor To Distribute Real Property Free Of Any Liens

Winstead PC on

In In re Estate of Heider, a probate court ordered that an executor should distribute real property to a beneficiary free of liens. No. 05-14-00436-CV, 2016 Tex. App. LEXIS 5978 (Tex. App.—Dallas June 6, 2016, no pet....more

Winstead PC

Court Holds That Will Did Not Revoke Inter Vivos Trust

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In Gordon v. Gordon, a man and his wife executed a revocable trust agreement and began to fund the trust. No. 11-14-00086-CV, 2016 Tex. App. LEXIS 3357 (Tex. App.—Eastland March 31, 2016, no pet. history). The couple later...more

Winstead PC

Court Addresses Common-Disaster Provision In Will

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In Stephens v. Beard, a husband shot his wife, who died immediately, and then shot himself. He died hours later in the hospital. No. 12-13-00160-CV, 2014 Tex. App. LEXIS 3895 (Tex. App.—Tyler April 10, 2014), rev’d, No....more

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