News & Analysis as of September 21, 2024

Estate Claims

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Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process. less -

Grandma Left the Money to Whom? Legal Options for Undue Influence and Changing of Wills

Gray Reed on 11/12/2020

In Texas, undue influence is generally described as such influence or dominion as to destroy the free agency of the testator, and substitute the Will of another in its place – compelling the maker of the Will to do that which...more

Failure To Mention a Close Relative in Your Will

Adler Pollock & Sheehan P.C. on 4/21/2020

Typically, you arrange to leave most of your assets to various family members, including your spouse and children. These dispositions are spelled out in your will. But you don’t have to do what’s “expected” of you....more

Probate & Fiduciary Litigation Newsletter – December 2019

Goulston & Storrs PC on 12/18/2019

The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. Goulston & Storrs is the...more

Probate & Fiduciary Litigation Newsletter – June 2019

Goulston & Storrs PC on 6/27/2019

Mental Capacity: An Easy Challenge Or A Tough Road?

Lowndes on 5/17/2019

As the population in Florida continues to age, litigation stemming from allegations related to lack of capacity is on the rise. Family members or other beneficiaries looking to challenge legal documents often gravitate...more

Wrongdoer Deprived of Elective Share

Farrell Fritz, P.C. on 1/23/2019

Pursuant to the provisions of EPTL 5-1.1-A, every surviving spouse of a domiciliary decedent is entitled to a statutory right of election. The elective share statute is intended to provide a decedent’s surviving spouse with a...more

Testator Intent and In Terrorem Clauses

Farrell Fritz, P.C. on 1/18/2019

My colleagues have written on the enforceability of in terrorem clauses, and the courts continue to confront challenges in reconciling the testator’s intent to impose an in terrorem condition with the rights of beneficiaries...more

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