News & Analysis as of September 22, 2024

Undue Influence 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 -

Court Affirmed Order Admitting Will To Probate Over Undue Influence Allegation And Over An Alleged Subsequent Holographic Codicil...

Winstead PC on 7/17/2024

In Mynard v. Degenhardt, a decedent’s grandson offered a will to probate, and his aunt opposed that admission due to an alleged holographic codicil that allegedly revived a previous will. No. 14-22-00773-CV, 2023 Tex. App....more

Undue Influence Claims: Does Assisting an Elderly Person with Their Finances Create a Confidential/Fiduciary Relationship?

Warner Norcross + Judd on 6/9/2023

In Horton, the Michigan Court of Appeals explores the nuisances of an undue influence claim and when the presumption of undue influence can be triggered. Undue influence is a claim that can void a legal transaction if it is...more

Court Affirmed Admitting A Codicil To Probate As The Testator Had Mental Capacity And Was Not Unduly Influenced And Discussed...

Winstead PC on 6/14/2022

In Dillon v. King, one sister contested their father’s will and codicil and also asserted other claims against her sister. No. 05-20-00215-CV, 2022 Tex. App. LEXIS 2991 (Tex. App.—Dallas May 4, 2022, no pet. history)....more

Probate & Fiduciary Litigation Newsletter - April 2022

Goulston & Storrs PC on 4/20/2022

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

The Court of Appeals Takes a Look at an Undue Influence Claim from a Non-Jury Trial

Farrell Fritz, P.C. on 1/24/2022

The COVID-19 pandemic has forced litigants to wrestle with the dilemma of waiting for a jury trial or moving forward more expeditiously by way of a bench trial. Recently, the Appellate Division, Fourth Department, and the...more

Probate & Fiduciary Litigation Newsletter - December 2021

Goulston & Storrs PC on 11/22/2021

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

[PODCAST] JAMS Neutrals on the Evolution of Trusts and Estates Disputes and Considerations for Selecting the Right Mediator

JAMS on 11/12/2021

In this podcast, JAMS neutrals Hon. Glen Reiser (Ret.) and Lisbeth Bulmash, Esq., discuss how the pandemic and a shifting landscape around wealth transfers is fueling increased trusts and estates disputes. They weigh in on...more

Probate & Fiduciary Litigation Newsletter - September & October 2021

Goulston & Storrs PC on 9/30/2021

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

Will California SB 315 Improve Revocable Transfer on Death Deeds?

Downey Brand LLP on 7/16/2021

The thrifty do-it-yourselfers among us might jump at the opportunity to transfer their family home to their kids while avoiding probate and the expense of creating a trust. Revocable Transfer on Death Deeds, or RTODDs, have...more

Probate & Fiduciary Litigation Newsletter – November 2020

Goulston & Storrs PC on 12/1/2020

Assailant's Spendthrift Trust Accessible to Child of Murdered Parents - de Prins v. Michaeles, SJC-12865 (October 20, 2020) - In de Prins v. Michaeles, the Massachusetts Supreme Judicial Court (SJC) tackled a trust...more

Court Affirmed Finding That Testator Had Capacity To Execute A Will, Was Not Unduly Influenced, And That The Appointment of...

Winstead PC on 10/26/2020

In In the Estate of Flarity, a son of the testator challenged the trial court’s probating of a 2004 will and the appointment of two of his siblings, named in that will, as executors. No. 09-19-00089-CV, 2020 Tex. App. LEXIS...more

Daughter Liable for Interfering with Stepmother’s Inheritance

Downey Brand LLP on 9/29/2020

Intentional interference with expected inheritance (IIEI) was recognized as a legal claim in California about eight years ago in Beckwith v. Dahl (2012) 205 Cal.App.4th 1039. Last week, the Court of Appeal issued the first...more

How to Contest a Will: The Basics

Ward and Smith, P.A. on 7/13/2020

We all know that a person can control who will own his or her property after death by signing a will. But when questions arise as to the circumstances surrounding the signing of the will, what can be done to challenge it? ...more

Court Holds That A Defendant Cannot File A No-Evidence Summary Judgment Based On A Self-Interested Transaction Due To The...

Winstead PC on 2/3/2020

In In re Estate of Klutts, a son held his mother’s power of attorney when he assisted in securing a new 2008 will, which enhanced his share of the estate. No. 02-18-00356-CV, 2019 Tex. App. LEXIS 11063 (Tex. App.—Fort Worth...more

Court Affirms Finding Of Undue Influence Regarding Execution Of Will

Winstead PC on 5/28/2019

In In re Estate of Russey, the decedent was going through a divorce and signed a will. No. 12-18-00079-CV, 2019 Tex. App. LEXIS 1536 (Tex. App.—Tyler February 28, 2019, no pet. history). ...more

The Requisites for a Valid Will in North Carolina versus Texas: Blinking a Testator’s Estate Plan and Execution of a Will

Cranfill Sumner LLP on 1/25/2019

Recently a Texas intermediate appellate court affirmed a trial court’s ruling to admit a Will for probate when the decedent did not personally sign it and only communicated his desires by blinking. In the Texas case, the...more

Court Affirmed The Probate Of A Will Where The Testator, A Quadriplegic, Blinked His Desires To Draft And Execute The Will

Winstead PC on 11/26/2018

In Estate of Luce, the court of appeals affirmed a trial court’s admitting a will to probate where the decedent did not personally sign it and only communicating his desires by blinking. No. 02-17-00097-CV, 2018 Tex. App....more

Court Voided Judgment Based On Family Settlement Agreement Where Party Revoked Consent

Winstead PC on 7/11/2016

In In re Estate of Spiller, a party appealed an order admitting a will to probate and ordering the independent administrator to distribute the estate in accordance with a family settlement agreement. No. 04-15-00449-CV, 2016...more

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