Bar Exam Toolbox Podcast Episode 226: Listen and Learn -- More Contract Defenses
How Should We Celebrate Elder Law Month?
While undue influence claims are commonly asserted in probate proceedings, especially with the increased prevalence of dementia and similar disabilities, two recent cases from New York’s Appellate Division illustrate how...more
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
In Haddad v. Haddad, the Massachusetts Appeals Court sent a stark reminder to probate litigators about just how difficult it is to prove a claim of lack of testamentary capacity. Such a finding must rely on specific facts...more
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the enforceability of arbitration, forum-selection, and jury-waiver clauses in trust and will disputes as well as other related issues associated...more
In "The 7 Habits of Highly Effective People," Stephen Covey wrote that we should "begin with the end in mind." In the context of an estate plan, this means that we must consider how that plan will be carried out once it has...more
In Fielding v. Tullos, an administrator of a decedent’s estate brought claims against the decedent’s housekeeper for undue influence and other related claims arising from the execution of new account beneficiary designations...more
Has it ever crossed your mind — even if only for a moment — that if you are extra super nice to rich old Aunt Harriet (or whomever the “Aunt Harriet” in your life may be), who is getting up there in years, never had any...more
On July 18, 2018, in the case In the Matter of Estate of Lois B. Erickson the Iowa Court of Appeals affirmed a trial court finding of invalidity of a will based on undue influence and lack of testamentary capacity, and found...more
One of the most dramatic areas of California trust and estate litigation is no contest clauses. No contest clauses bring a made-for-tv excitement to the practice of trust and estate law because of the risk of...more
Mental incapacity and undue influence are the most common theories used to try to invalidate wills, trusts and beneficiary designations in California and elsewhere. Occasionally, the subject in a trust and estate dispute has...more
A person can reasonably expect the declarations in his or her will to be carried out, as required by law. Usually, that’s exactly what happens. However, at other times, the will could be contested and his or her true...more
In a 76-page decision, Judge George Phelan has denied today the motions to dismiss the lawsuit brought by Philippe Dauman and George Abrams challenging the mental capacity of Sumner M. Redstone and the undue influence exerted...more