News & Analysis as of

Trusts Burden of Proof

Warner Norcross + Judd

How Much Evidence is Necessary for a Will or Trust Contestant to Carry Burden of Proof?

Warner Norcross + Judd on

The Michigan Court of Appeals recently issued a decision that addresses how much evidence is necessary for a will or trust contestant to carry burden of proof. In this case, the decedent, Matthew, entered an assisted living...more

Winstead PC

Courts Have Ordered Trial Courts To Grant TCPA Motions To Dismiss Based On No-Contest Clause Claims

Winstead PC on

The Texas Legislature created a statute to protect parties’ rights to freedom of speech and to petition the courts: the Texas Citizen’s Participation Act (TCPA). See Tex. Civ. Prac. & Rem. Code Ann. §§ 27.001-.011....more

Walkers

Guernsey's civil forfeiture regime – the 2022 update and recent case law

Walkers on

In 2016 Moneyval issued an evaluation report on the Bailiwick of Guernsey. This commented favourably upon the Island's regulatory framework and compliance regime, but also noted the "relatively limited number of cases...more

Downey Brand LLP

ChatGPT Blog Post on Undue Influence Gets a D

Downey Brand LLP on

As the New York Times reported in December, “ChatGPT is, quite simply, the best artificial intelligence chatbot ever released to the general public.” Built by OpenAI, a San Francisco-based company, ChatGPT has grabbed...more

Bressler, Amery & Ross, P.C.

Uses of Exculpatory Clauses in Wills and Trusts

In this podcast hosted by American College of Trust and Estate Counsel (ACTEC), Bressler’s Jordan Weitberg and ACTEC Fellow Travis Hayes discuss the use of exculpatory clauses in wills and trusts. Specific topics include the...more

Downey Brand LLP

Should “Dutiful Children” and “Dutiful Spouses” Be Exempt from the Undue Influence Presumption?

Downey Brand LLP on

California trust and estate disputes often feature claims by one sibling that another gained a larger share by unduly influencing a parent. When there are factors suggesting undue influence, who should bear the burden of...more

Downey Brand LLP

Showdown at the O.K. Corral – The Battle of the Omitted Heirs

Downey Brand LLP on

Providing for your children is one of the primary purposes of estate planning, but what happens to your carefully crafted trust if you had children you did not know about when you created the trust? Or, what if you have...more

Dorsey & Whitney LLP

The Supreme Court - June 21, 2019

Dorsey & Whitney LLP on

The Supreme Court of the United States issued four decisions this morning:   North Carolina Dept. of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, No. 18-457: North Carolina law imposes a tax on any trust income...more

Carlton Fields

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction

Carlton Fields on

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,...more

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