News & Analysis as of

Probate Beneficiaries

Forcing the Production of Information in Probate Litigation When You Have Been Disinherited

by Reminger Co., LPA on

Can a disinherited person force the production of information necessary to substantiate the efforts required to pursue a challenge to a Will, beneficiary designation, or Trust? Isolation and manipulation of a loved one by...more

On Its Own Motion

by Farrell Fritz, P.C. on

While most decisions rendered by the Surrogate’s Court result from an affirmative request for relief, occasionally the court will address an issue on its own motion when justice or the exercise of its inherent or statutory...more

Case Law Precedent for an Award of Attorney Fees in Excess of Compensatory Damages for a Trustee’s Failure to Account

by Reminger Co., LPA on

Following up on the recent blog post on basic principles of trust reporting, the Fifth District Court of Appeals released a timely analysis involving a trustee’s failure to account and an award of attorney fees against the...more

Court Holds That Will Created Void Alienation On Restraint

by Winstead PC on

In Knopf v. Gray, a decedent died in 1993, and her will was admitted to probate the same year. No. 10-15-00273-CV, 2017 Tex. App. LEXIS 191 (Tex. App.—Waco January 11, 2017, no pet. history). ...more

T&E Litigation Newsletter - December 2016

by Goulston & Storrs PC on

The last several weeks have brought us two decisions in which issues of family law intersected with T&E issues. First, the decision in Heystek v. Duncan, Case No. 15-P-1201, 2016 Mass. App. Unpub. LEXIS 1113 (Nov. 21,...more

Federal Court Dismisses Beneficiary’s Breach Of Fiduciary Duty Claim For Lack of Jurisdiction

by Winstead PC on

In Strouse v. Strouse, a beneficiary sued an executor of an estate for breach of fiduciary duty. No. 4:16cv707, 2016 U.S. Dist. LEXIS 155630 (E.D. Tex. September 27, 2016). Federal district courts are courts of limited...more

The Georgia Superior Court/Probate Court Dance

by Bryan Cave on

No procedural or jurisdictional issues in Georgia fiduciary litigation can cause as much headache as the sometimes exclusive and sometimes concurrent jurisdiction of the superior and probate courts. The Georgia Court of...more

SC Court of Appeals Holds that Intervenor Rights Trump Plaintiff's

by Nexsen Pruet, PLLC on

Order which adds a party is really an order granting intervention - Introduction - The South Carolina Court of Appeals recently released the decision of Dorn v. Cohen, Op. No. 5432 (S.C.Ct. App. filed Aug. 3,...more

What Is Required of an Executor?

Being the executor of an estate is not a task to take lightly. An executor is the person responsible for managing the administration of a deceased individual's estate. Although the time and effort involved will vary with the...more

How Non-Probate Assets Can Affect Your Estate Plan: A Few Cautionary Tales

by Ward and Smith, P.A. on

When you think about the control of your possessions and assets after your death, you probably think of a Will and probate. A Will is a written, legally enforceable declaration that states how you wish your assets to be...more

Court Reverses Finding Of Undue Influence In A Will Contest And Discusses Requirements To Execute A Will

by Winstead PC on

In In re Estate of Kam, an elderly man executed a new will to omit any gift to one son after the man discovered that his life insurance had been altered to name his son as the sole beneficiary. No. 08-14-00016-CV, 2016 Tex....more

Tax and Estate Planning Newsletter - Winter 2015

by Archer Norris PLC on

Dear Clients and Colleagues: The holiday season brings thoughts of the New Year, with reflections on recent changes and resolutions for the future. During this season of reflection and planning, consider the effect of...more

Recent Cases of Interest to Fiduciaries

by McGuireWoods LLP on

In re Estate of House, 2014 Wash. App. LEXIS 3006 (Wash. Ct. App. 2014) - A release waiving any and all claims that the parties may have or may acquire, bars recovery for unknown claims existing at the time the release...more

Can workers’ compensation be granted to a deceased worker’s estate?

by Howard Ankin on

A recent Oregon case brings up an issue that may concern Illinois workers. The case, Sather v. SAIF, involves a man who died while in the process of pursuing a workers’ compensation claim. ...more

Direct vs. Indirect Probate Court Jurisdiction Over Foreign Realty

by Charles (Chuck) Rubin on

A state probate court generally does not have jurisdiction over real property situated in another state or country that was owned by the decedent. Generally, such property must be administered in those local jurisdictions,...more

T&E Litigation Newsletter - January 2015

by Goulston & Storrs PC on

As 2014 came to a close, Massachusetts state and federal courts issued decisions concerning a number of issues of interest to estate planning attorneys and probate litigation attorneys, including testamentary capacity,...more

Wealth Management Update - November 2014

by Proskauer Rose LLP on

November Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The November Section 7520 rate for use with estate planning techniques such as CRTs, CLTs,...more

California Trust Attorney – Three Things You Should Know About a Trust

by Lewitt Hackman on

What is a trust and how does it differ from a will? Before planning your California trust you should know three important things: 1. A Trust Defined - A trust provides for the allocation of assets when you...more

Appellate Court Notes

by Pullman & Comley, LLC on

AC35507 - State v. Wright - ?AC35289, AC36395 - Southport Congregational Church-United Church of Christ v. Hadley - The doctrine of equitable conversion did not apply when the decedent contracted to sell real...more

T&E Litigation Newsletter – August 2014 #1

by Goulston & Storrs PC on

After a quiet start to the summer for probate litigation cases, the Supreme Judicial Court recently issued its much-anticipated decision in The Woodward School for Girls, Inc. v. City of Quincy, Case No. SJC-11390, 2014 Mass....more

5 Estate Planning Mistakes You Should Try to Avoid

by JD Supra Perspectives on

In your experience, what’s the most costly mistake people make when preparing estate plans, and what can they do to fix them? That’s the question we recently put to attorneys writing on JD Supra....more

The Perils of Creating Your Own Estate Plan

by Ervin Cohen & Jessup LLP on

Who says trust and estate law isn’t interesting? ...more

Estate Planning Considerations: Documentation and Peace of Mind

by Baker Donelson on

With the introduction of the American Taxpayer Relief Act of 2012 (Act), the world of estate planning has been injected with a dose of certainty after more than 10 years of uncertainty as to federal estate, gift and...more

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