News & Analysis as of September 19, 2024

Trusts

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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 -

Flying Too Close to the Sun: The Scope of a No-Contest Clause Disinheritance Under Key v. Tyler

Downey Brand LLP on 6/21/2024

This blog has previously mentioned the most common question we hear when people find out we work in probate litigation: “What can I do to make sure my family doesn’t fight over my property after I die?” Because I am a...more

When to Include a No-Contest Clause in a Will or Trust

Bowditch & Dewey on 4/4/2023

One of the many reasons for executing a Will and Trust is to make your wishes clear and prevent animosity among family members or other beneficiaries after your death. However, there are circumstances in which it is clear to...more

How to Deal with an Estranged Child in Your Estate Plan

Chambliss, Bahner & Stophel, P.C. on 8/19/2022

Unfortunately, not all families get along. If you are having problems with one of your children, you may not want them to benefit from your estate. There are several strategies for dealing with an estranged child in your...more

Late Trust Contest May Trigger Enforcement of No Contest Clause

Downey Brand LLP on 8/4/2022

No contest clauses generally are not enforceable against beneficiaries of California trusts when there is “probable cause” to challenge the trust instrument. Yet the probable cause safe harbor may disappear if the contest...more

Pros and Cons of Using the No-Contest Clause

Ruder Ware on 12/13/2021

Drafting an estate plan allows a person to put into writing their wishes for division of assets upon death. Sometimes this means making a choice to give more to one child over the other, or to completely write out natural...more

Protecting Your Estate Plan from Challenges: No-Contest Clause Explained

Ruder Ware on 12/9/2021

People handle grief differently and sometimes how a person handles the death of a loved one can be both confusing and also extremely frustrating - fighting over little things like, who gets the table and the chairs, for...more

Openness and Transparency Help Avoid Trust Disputes – An Interview with Tracy Potts

Downey Brand LLP on 3/12/2020

Tracy M. Potts has nearly three decades of experience in California with estate planning, administration and litigation. A Texas native, she earned her law degree from Southern Methodist University School of Law. Her...more

When Defending Becomes Offensive: California Court Expands No Contest Clauses to Defense of Invalid Amendment

Downey Brand LLP on 5/30/2019

No contest clauses are included in wills and trusts to discourage dissatisfied beneficiaries from challenging the document’s validity. Because enforcement of these clauses results in disinheritance, the California Probate...more

No Contest Clauses – Not Just for Wills

Holland & Hart LLP on 7/5/2018

Fiduciary litigation continues to grow and often times outpaces the development of case law regarding the myriad of issues that arise in estate and trust disputes. Historically fiduciary litigation involved disputing family...more

Trust Beneficiary Permitted to Contest Trust Despite No-Contest Clause

Nutter McClennen & Fish LLP on 3/20/2018

Key Takeaway: In Ginsberg et. al. v. Ginsberg et. al., Judge Leibensperger ruled that a trust beneficiary could assert a trust was procured by fraud despite the presence of a in terrorem or no-contest clause. Judge...more

Best in Law: The Pros and Cons of the No-Contest Clause - Trusts and Wills

Best Best & Krieger LLP on 8/17/2017

No-contest clauses are generally included in trusts and wills in California in an attempt to prevent challenges to an estate plan after death. Originally published in the Press-Enterprise - July 30th, 2017....more

When are “No-Contest” Clauses Enforceable?

McNees Wallace & Nurick LLC on 7/24/2013

We are often asked about in terrorem clauses or “no-contest” clauses in wills or trusts. Can they be enforced? Under what conditions? Can a contesting party really lose everything? Does a contesting party put anyone else’s...more

Suit To Modify Trusts Did Not Violate No Contest Clause

Winstead PC on 7/10/2013

Texas courts narrowly construe no-contest clauses. In Di Portanova v. Monroe, grandparents set up eight trusts for a grandchild that had a mental disability. No. 01-20-01019-CV, 2012 Tex. App. LEXIS 9859 (Tex. App.—Houston...more

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