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Probate Courts Probate

Husch Blackwell LLP

Planning to Avoid Fiduciary Litigation

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When a loved one dies, the last thing you want to deal with is a lawsuit, or have your heirs inherit a lawsuit. After the death of a maternal or paternal figure that keeps the family together, tensions flare between siblings...more

Downey Brand LLP

No Such Thing as a Free Ride: Section 859 Awards Can Now Go To Whoever Does the Work

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Newcomers to probate litigation are frequently surprised by how differently things work in probate court, as opposed to your more straightforward civil courts. (And how do those newcomers know how civil courts work?  Law &...more

Warner Norcross + Judd

How Solid is the Stipulated Order for Paying Litigation-related Attorney Fees from a Trust?

The Michigan Court of Appeals recently issued an interesting ruling regarding the ability of a litigant in probate litigation to recover attorney fees from the trust in dispute, even if all parties agree to such payment. In...more

Goulston & Storrs PC

SJC Finds Words of Survivorship Sufficient to Avoid Anti-Lapse Statute

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Does the phrase “if they survive me” demonstrate a testator’s intent to avoid the Massachusetts Uniform Probate Code (“MUPC”) anti-lapse statute, Massachusetts General Laws Chapter 190B § 2-603? The Massachusetts Supreme...more

Mandelbaum Barrett PC

Navigating Probate Litigation in New York: A Comprehensive Guide

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Probate litigation can be a complicated and emotionally taxing process, especially in a state like New York known for its stringent probate laws. When disputes arise over the distribution of assets or the validity of a will,...more

Allen Barron, Inc.

Estate Planning for Business Owners

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What are some of the fundamental issues when estate planning for business owners? Why should every business owner have an estate plan? What are some of the primary issues to address in an effective estate plan for those who...more

Warner Norcross + Judd

Michigan Court of Appeals Agrees that Personal Representative Could Not Pay Legal Fees from Estate Assets

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The Michigan Court of Appeals recently identified a situation in which the personal representative of an estate is not entitled to have attorney fees paid from estate assets. Braun Kendrick Finkbeiner, PLC, v. Estate of...more

Warner Norcross + Judd

Trial Win for Warner Clients in Dispute Over Decedent’s Assets

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Trial attorney David Skidmore from Warner Norcross + Judd LLP’s Probate Litigation Practice Group, a subgroup of the firm’s Litigation and Dispute Resolution Practice Group, recently represented clients in a trial before the...more

Goulston & Storrs PC

Following Formalities of Will Execution And Availability of Attorney Testimony Defeats Undue Influence Claims

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While undue influence claims are commonly asserted in probate proceedings, especially with the increased prevalence of dementia and similar disabilities, two recent cases from New York’s Appellate Division illustrate how...more

Farrell Fritz, P.C.

The Admission Of Remotely Witnessed Wills To Probate In New York

Farrell Fritz, P.C. on

In 2021 and 2022, I wrote about Surrogate’s Court decisions that addressed the admission of remotely witnessed wills to probate in New York State.  Since then, Surrogate’s Courts have issued at least two more decisions...more

Farrell Fritz, P.C.

Matter of Samuel – Artificial Intelligence Hallucinates and an Incapacitated Person Makes a Will

Farrell Fritz, P.C. on

Artificial Intelligence (“AI”)  made legal and mainstream news in 2023.  In a highly publicized and widely discussed case, Mata v. Avianca, Inc., the United States District Court for the Southern District of New York...more

Warner Norcross + Judd

When are Probate Court Decisions and Arbitration Decisions of Probate Disputes Appealable?

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In the recent case In Laureen Gordon Revocable Trust, the Michigan Court of Appeals digs into these questions. Gordon Trust involved a fight between an uncle and his niece and nephew primarily over the distribution of family...more

Dunlap Bennett & Ludwig PLLC

A Probate Checklist For Executors Of A Will

Probate, the legal process of administering a deceased person’s estate, can be complex and challenging. During this process, a court determines whether a Will is authentic and valid and then distributes the estate to heirs or...more

Dunlap Bennett & Ludwig PLLC

Why Should I Work With A Probate Litigation Attorney?

If you expect to face disputes over the allocation of your loved one’s estate, retaining a probate litigation attorney might be the right choice. Here’s what you need to know about hiring an experienced attorney who can help...more

Winstead PC

Texas Supreme Court To Review Joinder Issue In A Trust Dispute

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In In re Tr. A & Tr. C, Established Under Bernard L. & Jeannette Fenenbock Living Tr. Agreement, Dated Mar. 12, 2008, a co-trustee of a family trust transferred stock from the trust to her personal trust and then sold the...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - November 2023

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This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more

Farrell Fritz, P.C.

The Probate Exception to Federal Jurisdiction – From Woitovich (Part 1) to Bulgari (Part 2)

Farrell Fritz, P.C. on

For trust and estate litigators, the federal court experience invariably begins – and sometimes ends — with an analysis of the probate exception to federal diversity jurisdiction.  Two recent Southern District cases examine...more

Lowndes

All Eyes on Oher: The Crucial Role of Quality Legal Counsel for Proposed Wards in Guardianship Cases

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Michael Oher, retired NFL star, filed a petition in probate court on Monday asserting that he was tricked into consenting to a conservatorship (in Florida we refer to this as guardianship) which he believed was an adoption by...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - August 2023

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Subject Matter Matters in Land Court - DiNicola v. Ely, et al., No. 23 MISC 000128 (2023), Berkshire County (Land Court May 25, 2023) - Does the Massachusetts Land Court have subject matter jurisdiction over claims...more

Downey Brand LLP

Hey, That’s Also My Turf! Contract Claims Involving Estates May Be Litigated in Federal Court

Downey Brand LLP on

Exactly where a court’s jurisdiction begins and ends is a question that has long irked our judicial system. One muddle is the extent to which federal courts, as opposed to state courts, can decide disputes involving a...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - May 2023

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This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. ...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Death and Taxes

This week, the Court addresses the application of the probate exception to federal-court jurisdiction. The Court holds that the probate-exception bar to federal-court jurisdiction does not apply when a breach-of-contract...more

Warner Norcross + Judd

Two Methods to Curtail a Litigious Beneficiary in Probate Court

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In the Estate of Beverly Howe (Mich Ct App March 9, 2023) (unpublished), the Court of Appeals reviewed two tools employed at the probate court level to address a litigious beneficiary whose claims were causing the estate and...more

Warner Norcross + Judd

More Marriages Being Contested In Probate Litigation

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We are increasingly seeing more disputes over the validity of marriages in probate litigation. A recurring fact pattern is that a romantic partner will attempt to orchestrate a marriage to the second partner, who is suffering...more

Winstead PC

Court Affirmed An Order Holding That A Deceased Astronaut’s Artifacts Were His Separate Property

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In Bean v. Bean, a dissenting co-executor sought relief from a probate court regarding whether certain assets were separate property or community property. No. 05-21-00286-CV, 2022 Tex. App. LEXIS 9058 (Tex. App.—Dallas...more

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