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Estate Planning › Testamentary Capacity › Undue Influence Claims

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... more +
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 -
Freeman Law

Challenging Testamentary Capacity in Texas

Freeman Law on

When an interested party contests the capacity of the testator, what standard do courts use to determine the validity of a will? The recent case of Neal v. Neal provides insight. In that case, following her diagnosis of...more

Conn Kavanaugh

Defining Testamentary Capacity

Conn Kavanaugh on

In Haddad v. Haddad, the Massachusetts Appeals Court sent a stark reminder to probate litigators about just how difficult it is to prove a claim of lack of testamentary capacity. Such a finding must rely on specific facts...more

Winstead PC

The Use of Arbitration, Forum Selection, And Jury-Waiver Clauses in Trust and Estate Litigation In Texas - Presentation

Winstead PC on

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the enforceability of arbitration, forum-selection, and jury-waiver clauses in trust and will disputes as well as other related issues associated...more

Chambliss, Bahner & Stophel, P.C.

Begin with the End in Mind

Chambliss, Bahner & Stophel, P.C. on

In "The 7 Habits of Highly Effective People," Stephen Covey wrote that we should "begin with the end in mind." In the context of an estate plan, this means that we must consider how that plan will be carried out once it has...more

Winstead PC

Court Holds That There Was Insufficient Evidence To Establish That Account Beneficiary Designations Were Executed As A Result Of...

Winstead PC on

In Fielding v. Tullos, an administrator of a decedent’s estate brought claims against the decedent’s housekeeper for undue influence and other related claims arising from the execution of new account beneficiary designations...more

Dentons

Farmland Inheritance: Intentional Interference Judgement Upheld in Court

Dentons on

On July 18, 2018, in the case In the Matter of Estate of Lois B. Erickson the Iowa Court of Appeals affirmed a trial court finding of invalidity of a will based on undue influence and lack of testamentary capacity, and found...more

Downey Brand LLP

Take It or Leave It: The Perilous Decision of Whether to Violate a No Contest Clause

Downey Brand LLP on

One of the most dramatic areas of California trust and estate litigation is no contest clauses. No contest clauses bring a made-for-tv excitement to the practice of trust and estate law because of the risk of...more

Downey Brand LLP

Look for Mild Cognitive Impairment in California Trust and Estate Disputes

Downey Brand LLP on

Mental incapacity and undue influence are the most common theories used to try to invalidate wills, trusts and beneficiary designations in California and elsewhere. Occasionally, the subject in a trust and estate dispute has...more

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