News & Analysis as of

Inheritance Undue Influence Claims

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

The Estate Lawyers

Protecting Clients and Their Estates from Undue Influence - Part 3: Planning vs. Litigating

The Estate Lawyers on

Why do estate planners — traditionally non-litigating attorneys — sometimes end up in litigation? The mindset of an estate planner is about helping people. You work to help clients make and carry out major life...more

The Estate Lawyers

Protecting Clients and Their Estates from Undue Influence - Part 2: Confirming Undue Influence and Preparing for Action

The Estate Lawyers on

A wealthy man with four adult children, three daughters and a son, left millions to his daughters when he died, but nothing for his son. Was that the father’s intention? The answer came after much acrimonious litigation...more

Ruder Ware

Pros and Cons of Using the No-Contest Clause

Ruder Ware on

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

Downey Brand LLP

Will California SB 315 Improve Revocable Transfer on Death Deeds?

Downey Brand LLP on

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

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

Robins Kaplan LLP

[Webinar] Representations of Wealth Planning and Conflict in Film and Literature: What Can We Learn from Such Depictions? -...

Robins Kaplan LLP on

Producers, writers, and reporters have long been fascinated with high-stakes wealth, estate and trusts, and shareholder disputes. Whether tragic or comic, the drama between clients, families, business partners, as well as the...more

Downey Brand LLP

Your Slice of the Pizza – Only Directly Inherited Asset Qualifies as Separate Property

Downey Brand LLP on

It is widely understood in California that inherited assets, unlike assets earned from labor, are the separate property of the receiving spouse.  But what if the assets do not come directly from a parent and instead pass from...more

Chambliss, Bahner & Stophel, P.C.

Preventing a Will Contest

Emotions can run high at the death of a family member. If a family member is unhappy with the amount they received (or didn't receive) under a will, he or she may contest the will. Will contests can drag out for years,...more

Downey Brand LLP

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

Downey Brand LLP on

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

10 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