Once Removed Episode 13: It’s 5 o’Clock: Do You Know Where Your Will Is? A Lesson From Aretha Franklin
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
Protecting Your Estate Plan from Challenges: No-Contest Clause Explained
Many people are familiar with so‑called “no contest” or in terrorem clauses—provisions in a will or trust that attempt to discourage lawsuits by threatening to cut off a beneficiary who challenges the document. While these...more
Even the most carefully crafted estate plan can unravel if the wrong individuals are appointed to serve as executor or trustee. Executors and trustees are fiduciaries vested with broad authority to administer assets under...more
High-profile estate disputes often capture public attention because of the personalities involved. Beneath the headlines, these conflicts highlight all-too-frequent issues that arise in estates of all sizes. The ongoing legal...more
Fiduciaries are often tasked with managing a finite amount of trust or estate assets while navigating beneficiary needs, family dynamics, and potential issues that may arise....more
Clients’ agents and consultants are almost always outside privilege protection — unless they are necessary for the clients’ communications with their lawyers, such as translators or interpreters. Can a non-lawyer acting for...more
The opening line of Tolstoy’s great novel resonates in part because of its simplicity. It has even given rise to the “Anna Karenina Principle,” which suggests that complex mechanisms require all key factors to exist and...more
When a person dies intestate and it is not possible to identify any heirs then the estate will eventually be taken over by the Crown. In England and Wales, where this happens there is a public list known as the “Bona...more
Being named as executor of an estate in Virginia is a significant responsibility. You are expected to administer the estate according to the terms of the will, manage assets prudently, and act in good faith toward all...more
As of January 1, 2026, pain and suffering damages are no longer recoverable in survival actions filed in California....more
When an original will cannot be found after death, families often fear that the will‑maker must have destroyed it and revoked their estate plan. Although this assumption is common, British Columbia law does not treat a...more
Families often confuse the roles of an Agent under a Power of Attorney and an Executor or Administrator of an Estate. Understanding the distinction is essential to minimizing disputes and ensuring proper estate management....more
Sibling rivalry is a tale as old as time. In probate litigation, however, these emotional battles can eat away at a family’s precious legacy. That’s why a good estate plan needs to go beyond tax and investment planning...more
When representing fiduciaries in litigation that estate and trust beneficiaries commence, my Farrell Fritz, P.C. colleagues and I seek to limit the fiduciaries’ exposure to liability. One way to accomplish that objective is...more
Constructive trust claims regularly arise in trusts and estates litigation. Based upon a recent decision that Suffolk County Surrogate Vincent J. Messina, Jr. issued, in which the Surrogate found that a constructive trust...more
In Serna v. Banks, the central legal issue addressed was whether an heir has standing to bring tort claims (such as breach of fiduciary duty, conversion, fraud, and negligence) for property belonging to a decedent’s estate...more
When a petitioner offers a will for probate, and the propounded instrument’s validity is contested, objectants oftentimes raise undue influence as an objection to the admission of the will to probate. By alleging undue...more
The numbers are disturbing. Elder abuse—especially financial exploitation—is all too prevalent and is a serious concern in estate planning and probate litigation. Whether it’s a caregiver manipulating a vulnerable senior or a...more
The Illinois Appellate Court recently held that a breach of fiduciary duty claim, brought by one sibling against another, was in effect a claim against their father’s estate and therefore time-barred....more
In California estate and trust litigation, attorneys often face a choice and must carefully evaluate whether to assert undue influence, lack of capacity, or both, depending on the facts and available evidence. Here are some...more
Executors play a crucial role in managing and distributing an estate according to the wishes outlined in a will. But what happens when an executor steps outside their duties or abuses their power?...more
What you need to know before appointing an executor under your Will - Appointing the right executor is one of the most important decisions when preparing a Will. Executors play a central role in the administration of an...more
Joint bank accounts are often viewed as a convenient way to manage finances or pass assets seamlessly upon death. However, in Pennsylvania estate disputes, joint accounts can become a major source of conflict among heirs and...more
Patch LLC et al v. Indio Minerals LLC et al was a dispute over title to a 1/8th NPRI in land in Midland County. Viola Ash, an Illinois resident, executed a warranty deed in 1932 for land in Midland County, reserving a 1/8...more
Celebrity estate disputes often make for dramatic headlines, but the legal challenges they reveal can resonate far beyond the rich and famous. Join Whitney O’Reilly, chair of our Trust & Estates Group, for an insightful...more
The North Carolina Court of Appeals’ recent decision on December 3, 2024 in Abitol v. Clark highlights the critical role of clear drafting in estate planning and raises novel legal questions regarding the inheritance rights...more