News & Analysis as of

Probate Courts

McNees Wallace & Nurick LLC

Petitions to review, modify, or terminate a guardianship: New law establishes protective timelines

When a guardianship is no longer needed or circumstances change, families and individuals may face delays while waiting for a court to review their request. A new Pennsylvania law is designed to address that problem....more

Offit Kurman

Spotlight on Intestacy: Liam Payne and the Importance of Planning Ahead

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When One Direction's 31-year-old band member, Liam Payne, fell from an Argentinian hotel balcony to his tragic death in October 2024, he left his then 8-year-old son, Bear, fatherless. However, as the sole heir to his...more

Offit Kurman

Major Guardianship Reform in Pennsylvania Strengthens Due Process and Oversight

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The law governing guardianship in Pennsylvania has recently seen its most meaningful update in years, truly emphasizing less-restrictive options and ensuring due process protections for adult individuals who may need...more

Farrell Fritz, P.C.

Undue Influence Objections in Will Contests

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When a petitioner offers a will for probate, and the propounded instrument’s validity is contested, objectants oftentimes raise undue influence as an objection to the admission of the will to probate.  By alleging undue...more

Haynsworth Sinkler Boyd, P.A.

The Estate Planning Documents Everyone Should Consider

October is National Estate Planning Awareness Month — a timely reminder that everyone, not just the wealthy or elderly, benefits from having a plan for the future. Regardless of the size of your estate, having the right legal...more

IR Global

Keeping Your Estate Plan Current: Why Regular Updates Matter

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An estate plan is not meant to remain unchanged forever. Life evolves, and with it, personal circumstances, family dynamics, and financial situations shift in ways that can make an estate plan outdated if it is not regularly...more

Stark & Stark

Fixing Incomplete, Incorrect or Missing Terms in a Will or Trust

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Are you affected by a Will or a Trusts that is out-of-date or contains substantial errors impacting its ability to administer assets or appoint executors and trustees? There are options available to remedy some types of...more

The Estate Lawyers

Undue Influence Case Fades Away at U.S. Supreme Court, But Lessons Endure

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The legal saga surrounding the estate of Dr. Laura Dean Head—a respected professor at San Francisco State University—is a powerful example of how undue influence and disinheritance can put an estate at risk and take years to...more

Mandelbaum Barrett PC

Tony Bennett’s Estate Dispute: Lessons in Executor Choice

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A Legacy Complicated by Litigation - Tony Bennett died in 2023 at age 96. Known worldwide for his timeless hit “I Left My Heart in San Francisco” and celebrated late-career performances alongside Lady Gaga, Bennett’s estate...more

Offit Kurman

Who Gets the Sofa? Dividing Up Your Stuff Without Drama

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Benjamin Franklin famously said that the only two certainties in life are death and taxes. A close third would be family squabbles over who gets the personal property when someone dies. Even a well-thought-out estate plan may...more

The Estate Lawyers

Undue Influence or Lack of Capacity: Which Theory Fits Your Facts?

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In California estate and trust litigation, attorneys often face a choice and must carefully evaluate whether to assert undue influence, lack of capacity, or both, depending on the facts and available evidence. Here are some...more

The Estate Lawyers

Contested Powers of Attorney: Rolling Back Damage and Tracing Transfers

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In California estate and trust litigation, powers of attorney (POAs) are often central to disputes involving financial elder abuse, asset misappropriation, and breach of fiduciary duty. While POAs are intended to protect...more

Farrell Fritz, P.C.

Second Department Ends Sisters’ Fight Over Family Home Not With a Bang, But a Whimper

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Four sisters. One house. Who owns it? Today’s case delves into a thorny situation many closely-held family businesses struggle with—proving ownership....more

Whiteford

Virginia Law Regarding Disposition of Remains

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Virginia has specific provisions for those wishing to arrange for the disposition of their body upon their death. Virginia Code § 54.1-2825 states that any person can create a signed, notarized document identifying who the...more

Foster Swift Collins & Smith

Does a New Trust Override an Old Will?

Dear Jonathan: I recently prepared a trust that includes very specific provisions regarding the beneficiaries that I want to receive certain assets when I die. Does my trust override who I named as my beneficiaries in the...more

Robins Kaplan LLP

No Home Field Advantage: Navigating Multi-Venue Dispute Resolution in T&E Litigation

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In baseball, teams play just one team at a time and in one location. That is not always the case for their owners. The ongoing saga of the Seidler Family — owners of the San Diego Padres — being duked out in both Travis...more

Winstead PC

Court Holds That Step Children Did Not Owe Informal Fiduciary Duties To Their Step Father And There Was No Formal Fiduciary...

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In In re In the Est. of Booth, Bill and Doris were married in 1991 and had separate and joint accounts, No. 02-24-00056-CV, 2025 Tex. App. LEXIS 2666 (Tex. App.—Fort Worth April 17, 2025, no pet.)....more

Warner Norcross + Judd

Navigating a Loved One’s Digital Life After They Pass

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We all expect to feel grief and sadness after the loss of a loved one. What many people don’t anticipate is the sudden burden of administrative tasks that follow death, from bills to be paid and accounts to be closed. In the...more

Stark & Stark

When Executors Go Too Far: What to Do About Fiduciary Misconduct in Pennsylvania Estates

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Executors play a crucial role in managing and distributing an estate according to the wishes outlined in a will. But what happens when an executor steps outside their duties or abuses their power?...more

Walkers

Your comprehensive guide to appointing an executor

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What you need to know before appointing an executor under your Will - Appointing the right executor is one of the most important decisions when preparing a Will. Executors play a central role in the administration of an...more

Mandelbaum Barrett PC

The Black Hole: Navigating the Passing of a Spouse During a Divorce

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In a recent vlog, Xena A. Balcazar, an associate in the Elder, Matrimonial and Family Law Practice Groups at Mandelbaum Barrett PC, discusses a longstanding legal ambiguity in matrimonial law: what occurs when a spouse passes...more

Stark & Stark

Can I Contest a Will in Pennsylvania? What You Need to Know

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If you believe a loved one’s will does not reflect their true wishes, you might be wondering, “Can I contest a will in Pennsylvania?” Understanding the process and grounds for contesting a will can help you decide your next...more

Lewitt Hackman

My Ex Dies During or After our Divorce, What Now?

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Divorce is usually not top of mind when couples envision living happily ever after. But it can be a financially strenuous and mentally stressful potential outcome of marriage. A spouse’s death during this process adds another...more

Awatif Mohammad Shoqi Advocates & Legal...

Executing A Foreign Will In The UAE

The UAE has established a comprehensive system of laws and registries for the draft and execution of Wills. This has been done for the benefit of the large expatriate community in the UAE who own movable and immovable assets...more

Stark & Stark

The Hidden Dangers of Joint Bank Accounts in Pennsylvania Estate Disputes

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Joint bank accounts are often viewed as a convenient way to manage finances or pass assets seamlessly upon death. However, in Pennsylvania estate disputes, joint accounts can become a major source of conflict among heirs and...more

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