News & Analysis as of

Inheritance Probate Appeals

Winstead PC

Court Affirmed Probate Order On The Ownership Of Farm Equipment Which Depended On The Location Of The Equipment At The Time Of The...

Winstead PC on

In Halderman v. Ivy, the decedent’s will stated: “I give, devise and bequeath my 66.977 acres located on FM 1848 in Freestone County, Texas, including all livestock and farm equipment located thereon to my two children . . ....more

Goulston & Storrs PC

Land Court’s Invalidation of Deed as the Result of Undue Influence Affirmed

Goulston & Storrs PC on

What constitutes undue influence sufficient to invalidate a deed? In Erikson v. Erikson, 105 Mass. App. Ct. 1115 (February 24, 2025), the Appeals Court of Massachusetts affirmed the Land Court’s invalidation of a deed on the...more

Downey Brand LLP

Daughter Liable for Interfering with Stepmother’s Inheritance

Downey Brand LLP on

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

Downey Brand LLP

Showdown at the O.K. Corral – The Battle of the Omitted Heirs

Downey Brand LLP on

Providing for your children is one of the primary purposes of estate planning, but what happens to your carefully crafted trust if you had children you did not know about when you created the trust? Or, what if you have...more

Downey Brand LLP

Mind Your Notice in California – Even Remote Contingent Beneficiaries May Need to Be Served

Downey Brand LLP on

It’s unremarkable that California courts require that notice be given to affected beneficiaries in trust and probate proceedings. After all, the Fourteenth Amendment guarantees that no person will be deprived of life,...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter: February 2020

Goulston & Storrs PC on

The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases.  Brother Gets the Cat – and Not Much Else - Where the decedent left his brother his “beloved old cat” and a small sum of money, and...more

Downey Brand LLP

California Probate Administration Is No Time for Napping

Downey Brand LLP on

In the absence of a trust that allows assets to pass without opening probate, the California probate process lasts for at least six months and can run much longer depending on the size of the estate and the nature of assets....more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – April 2019

Goulston & Storrs PC on

Disinherited Children Lose Challenge to Mother’s Will in New York Surrogate’s Court - Matter of Loe, 2019 WL 657041 (N.Y. Sur. Feb. 13, 2019) - Can disinherited children challenge their mother’s will based on possible...more

Downey Brand LLP

Probate Code Provides Ground Rules for Who Gets What from Wills and Trusts

Downey Brand LLP on

Many California will and trust disputes arise from ambiguity in the document with respect to who is entitled to an asset. Maybe the document was hazy from the start or perhaps circumstances have changed such that the rightful...more

Goulston & Storrs PC

Probate and Fiduciary Litigation Newsletter – February 19, 2019

Goulston & Storrs PC on

Welcome to our first newsletter of 2019! Leighton v. Hallstrom, 94 Mass. App. Ct. 439 (2018) - In Leighton, the Appeals Court vacated a final decree of the Plymouth Probate and Family Court settling an intestate estate....more

Goulston & Storrs PC

T&E Litigation Newsletter - November 2016

Goulston & Storrs PC on

There has not been much case law of particular relevance in the T&E area since our last newsletter, but three recent federal court decisions—one from the First Circuit Court of Appeals, and two from the United States District...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide