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Asset Management › Testamentary Capacity

The Estate Lawyers

Protecting Clients and Their Estates from Undue Influence - Part 2: Confirming Undue Influence and Preparing for Action

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A wealthy man with four adult children, three daughters and a son, left millions to his daughters when he died, but nothing for his son. Was that the father’s intention? The answer came after much acrimonious litigation...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

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

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