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Litigation Strategies Estate Planning

Farrell Fritz, P.C.

Lengthy Opinion Delivered Regarding In Terrorem Clause

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It is a rare day that the Court of Appeals, New York’s highest Court, deals with trust and estate matters, let alone something as granular as the validity of an in terrorem clause.  But speaketh they did, on April 17, 2025,...more

Stark & Stark

Contesting a Will in Pennsylvania: Understanding Your Rights

Stark & Stark on

In Pennsylvania, contesting a will is a serious legal action that should not be taken lightly. It can be emotionally challenging, especially if you believe that the will does not reflect the true intentions of the deceased....more

Winstead PC

Presentation: Trust Modifications and Reformations in Texas

Winstead PC on

Lead writer for the Fiduciary Litigator blog, David F. Johnson, presented “Trust Modifications and Reformations in Texas” at UT Law CLE’s 21st Annual Changes and Trends Affecting Special Needs Trusts Conference. This...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

Sullivan & Worcester

LePage v. Mobile Infirmary Association: Alabama Wrongful Death of a Minor Statute Applies to Cryogenically Preserved Embryos

Sullivan & Worcester on

Carole M. Bass and Cara Koss co-authored this article. The authors have long raised as an issue the impact personhood legislation could have on assisted reproduction and, by extension, on estate and trust administration...more

Hendershot Cowart P.C.

Alternatives to Litigation in a Will Contest or Probate Dispute

When conflict arises in the settling of an estate – especially a high-net-worth estate – the parties involved may look to the courts to help resolve the dispute. Litigation is one way to settle probate disputes, but it is...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – December 2019

Goulston & Storrs PC on

The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. Goulston & Storrs is the...more

Downey Brand LLP

Litigators Should Be Collaborators, Not Lone Rangers

Downey Brand LLP on

Trust and estate litigation attorneys are “trusted advisors.” Like estate planning attorneys and other professionals who help clients with wealth management, we are fixers who assist clients with navigating conflict relating...more

Winstead PC

A. A Fractured Texas Supreme Court Holds That There Is No Tortious Interference With Inheritance Claim In Texas

Winstead PC on

In Archer v. Anderson, Jack, who had no children, executed a will leaving his estate to his brother and his brother’s children, the Archers. No. 16-0256, 2018 Tex. LEXIS 611 (Tex. June 22, 2018). ...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - August/September 2013: Is your estate plan bulletproof? Techniques for avoiding litigation over your...

An inherent problem with wills and other estate planning documents such as trusts is that, when the time comes to put them into action, they can be objects of dispute. Fortunately, there are strategies a person can implement...more

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