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Asset Management Probate Probate Courts

The Estate Lawyers

Divorce Need Not Ignite Estate Litigation, But Too Often It Does

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Certain life events demand that estate planners work with client testators to adjust their estate plans. Divorce and remarriage are at the top of that list. When matrimony devolves into acrimony – setting the stage for...more

Husch Blackwell LLP

Planning to Avoid Fiduciary Litigation

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When a loved one dies, the last thing you want to deal with is a lawsuit, or have your heirs inherit a lawsuit. After the death of a maternal or paternal figure that keeps the family together, tensions flare between siblings...more

Mandelbaum Barrett PC

Navigating Probate Litigation in New York: A Comprehensive Guide

Mandelbaum Barrett PC on

Probate litigation can be a complicated and emotionally taxing process, especially in a state like New York known for its stringent probate laws. When disputes arise over the distribution of assets or the validity of a will,...more

Warner Norcross + Judd

Michigan Court of Appeals Agrees that Personal Representative Could Not Pay Legal Fees from Estate Assets

Warner Norcross + Judd on

The Michigan Court of Appeals recently identified a situation in which the personal representative of an estate is not entitled to have attorney fees paid from estate assets. Braun Kendrick Finkbeiner, PLC, v. Estate of...more

Warner Norcross + Judd

Trial Win for Warner Clients in Dispute Over Decedent’s Assets

Warner Norcross + Judd on

Trial attorney David Skidmore from Warner Norcross + Judd LLP’s Probate Litigation Practice Group, a subgroup of the firm’s Litigation and Dispute Resolution Practice Group, recently represented clients in a trial before the...more

Goulston & Storrs PC

Following Formalities of Will Execution And Availability of Attorney Testimony Defeats Undue Influence Claims

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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

Lowndes

All Eyes on Oher: The Crucial Role of Quality Legal Counsel for Proposed Wards in Guardianship Cases

Lowndes on

Michael Oher, retired NFL star, filed a petition in probate court on Monday asserting that he was tricked into consenting to a conservatorship (in Florida we refer to this as guardianship) which he believed was an adoption by...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - August 2023

Goulston & Storrs PC on

Subject Matter Matters in Land Court - DiNicola v. Ely, et al., No. 23 MISC 000128 (2023), Berkshire County (Land Court May 25, 2023) - Does the Massachusetts Land Court have subject matter jurisdiction over claims...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - May 2023

Goulston & Storrs PC on

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. ...more

Warner Norcross + Judd

Two Methods to Curtail a Litigious Beneficiary in Probate Court

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In the Estate of Beverly Howe (Mich Ct App March 9, 2023) (unpublished), the Court of Appeals reviewed two tools employed at the probate court level to address a litigious beneficiary whose claims were causing the estate and...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - October 2022

Goulston & Storrs PC on

Power of Attorney Did Not Provide Authority to Create a Trust on Behalf of the Elder Who Granted the Power of Attorney - Barbetti v. Stempniewicz, 490 Mass. 98 (Sup. Jud. Ct. June 28, 2022) Does a power of attorney...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - April 2022

Goulston & Storrs PC on

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - February 2022

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This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Intentional Interference and Unjust Enrichment Claims in Connection with a Trust...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - December 2021

Goulston & Storrs PC on

Daughter with Power of Attorney Had Burden to Show No Undue Influence over Father - Coscia v. Sweezey, 2021 WL 4765696 (Mass App. Ct. October 13, 2021) - Does holding a power of attorney from a parent in declining...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - September & October 2021

Goulston & Storrs PC on

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Decedent’s New York Residence at Time of Death Does Not Create Jurisdiction in New...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – February 2021

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Testamentary Capacity at Moment of Execution of Will Is Crucial;  Testator’s General “Cognitive Decline” Does Not Invalidate Will - Haddad v. Haddad, 19-P-1378 (January 12, 2021) - Where the maker of a will has entered...more

Bowditch & Dewey

Trust Funding: the Overlooked Estate Planning Tool

Bowditch & Dewey on

Many clients create an estate plan, then put the documents safely away, until they are needed. However, they have forgotten to complete one final important step. Trust funding is the most overlooked estate planning tool....more

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