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Probate

Gray Reed

Husband’s Mineral Interest Deemed Separate Property

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“Gambit”: A calculated move, a stratagem. An example might be to buy a mineral interest with a long and complicated title history from the incarcerated son of a deceased parent and to bet on a court favoring your...more

Saiber LLC

It's Not Just Stuff: How to Plan for Personal Property in Your Estate

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Family heirlooms, jewelry, artwork, and treasured household items often carry far more emotional value than financial worth. Because of this, when these items are not included in your estate plan, they easily become sources...more

Goulston & Storrs PC

Probate & Fiduciary Newsletter - April 2026

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Attorney Who Assisted Decedent in Signing Will Not Disqualified as Witness to Execution of Will - Matter of Nires, 241 A.D.3d 555 (2d Dep’t 2025) - If an attorney assists a client in signing his will, is that attorney...more

Wiley Rein LLP

Sometimes Knowledge Isn’t Enough: Connecticut Court Finds Application of Prior Knowledge Exclusion is a Matter for the Factfinder

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The Superior Court of Connecticut, applying Connecticut law, has held that the question of whether a professional liability policy’s prior knowledge exclusion barred coverage for a malpractice action is an issue for the trier...more

Farrell Fritz, P.C.

Is An Unrecorded Document Called a “Survivorship Deed” That Predates New York’s Transfer-On-Death Deed Legislation Enforceable?

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In 2024, the New York Legislature enacted Real Property Law (“RPL”) § 424, which codified New York’s public policy in favor of transfer-on-death deeds that provide for real property to pass to beneficiaries named therein upon...more

Whiteford

What Happens If You Die Without a Will in Virginia?

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Some people may assume that if they do not make a will, their assets will “automatically” go to their spouse or children. But Virginia’s intestacy laws do not always align with what families expect. Dying without a will,...more

Cozen O'Connor

No Contest Clauses Do Not Work in Florida

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Many people are familiar with so‑called “no contest” or in terrorem clauses—provisions in a will or trust that attempt to discourage lawsuits by threatening to cut off a beneficiary who challenges the document. While these...more

Marshall Dennehey

New Jersey Defines When Attorneys Owe Duties to Non‑Client

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Christakos v. Boyadjis, 262 N.J. 447 (2026) - When does an attorney owe a non-client a duty of care? And when can that non-client bring forth an action for legal malpractice? Christakos v. Boyadjis, 262 N.J. 447 (2026),...more

Cozen O'Connor

Drawing the Line on Speculative Will Challenges: Lessons from Opsal Estate for British Columbia Estate Litigation

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Estate disputes often arise when disappointed beneficiaries challenge the validity of a will based on alleged lack of capacity, undue influence, or suspicious circumstances. While some claims raise legitimate concerns that...more

Stange Law Firm, PC

Understanding pour-over wills: How they work with revocable trusts

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What Is a Pour-Over Will? When people begin estate planning, they often think first about a simple will. While a will is an important document, it may not always provide the most efficient way to transfer assets after...more

Offit Kurman

Will‑Challenge Litigation: Forensic Expert Cross‑Examination

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Estate litigation rarely turns on a single moment, but an effective cross‑examination of the other side’s forensic document examiner may be one’s best shot at that “Perry Mason moment.” ...more

Winstead PC

Court Orders Trial Court To Grant A Consolidation Of Two Trust Cases

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In In re Marshall, this case involves two related probate court cases where in one Preston Marshall alleges that Elaine T. Marshall breached her fiduciary duties as trustee of the Harrier and Falcon Trusts by appointing...more

Lowndes

Who Pays for Legal Fees in Estate Litigation? Lessons from the Michael Jackson Estate Dispute

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High-profile estate disputes often capture public attention because of the personalities involved. Beneath the headlines, these conflicts highlight all-too-frequent issues that arise in estates of all sizes. The ongoing legal...more

Weintraub Tobin

California Trust Litigation: How To Lose a Trust In Seven Ways

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Trust litigation frequently leads to prolonged conflict and substantial expense, eroding the value of California trusts and estates over time. These losses diminish funds that would otherwise pass to beneficiaries. Trust...more

Offit Kurman

The Hidden Estate Planning Crisis Facing the Sandwich Generation

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Across the country, millions of adults are quietly living in what has come to be known as the sandwich generation. Statistics show that one in six Americans is in the sandwich generation, supporting aging parents while also...more

Robins Kaplan LLP

Reading the Tea Leaves: How You Can Spot a Brewing Trust and Estate Dispute

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Fiduciaries are often tasked with managing a finite amount of trust or estate assets while navigating beneficiary needs, family dynamics, and potential issues that may arise....more

Downey Brand LLP

How to Kill a Will (Legally)

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We have all been there, staring at our recent credit card statement, fuming over a subscription charge we swear we canceled. We sent an email! We called the customer service line! We clicked that little “unsubscribe” link at...more

Winstead PC

Courts Grant Mandamus To Compel Arbitration In A Will Dispute

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In Hollingsworth v. Swales, Richard C. Harris (R.C.) executed a will in 2017 and a codicil in 2020, which contained an arbitration provision. No. 10-23-00018-CV, 2025 Tex. App. LEXIS 871 (Tex. App.—Waco February 13, 2025,...more

IR Global

The Bona Vacantia List – Inheritance Fraud

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When a person dies intestate and it is not possible to identify any heirs then the estate will eventually be taken over by the Crown. In England and Wales, where this happens there is a public list known as the “Bona...more

Whiteford

Virginia Executors: 10 Warning Signs a Beneficiary May Contest the Will

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Being named as executor of an estate in Virginia is a significant responsibility. You are expected to administer the estate according to the terms of the will, manage assets prudently, and act in good faith toward all...more

Mandelbaum Barrett PC

Elder Law Alert: New Jersey Amends and Readopts Inheritance Tax Regulations

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New Jersey has readopted and amended its inheritance tax regulations, with important changes that affect estate planning, estate administration, and families formed through assisted reproductive technology. Effective...more

McNees Wallace & Nurick LLC

Protecting NIL rights through estate planning

Estate planning is often viewed as a process that ends at death, with assets transferred and administration completed through probate or trust administration. For many forms of intellectual property, however, that view is...more

Farrell Fritz, P.C.

New York Trusts and Estates Legislative Developments of Which to be Aware in 2026 and Beyond

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Last year, the New York Legislature (the “Legislature”) enacted, and Governor Kathy Hochul signed, into law several pieces of legislation that are likely to significantly impact trusts and estates practice in 2026 and...more

Rivkin Radler LLP

New Jersey Supreme Court Clarifies Attorney Duties to Non-Clients

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In a recent decision, the New Jersey Supreme Court highlighted the importance of clearly documenting client intent and the limits of an attorney’s duty to non-clients. In Christakos v. Boyadjis, 262 N.J. 447 (2026),...more

Awatif Mohammad Shoqi Advocates & Legal...

Inheritance Lawyer in UAE: When Do You Need One?

Think of passing an estate to your family like handing over a safe deposit box full of valuables: if the key (a valid will) is clear and everyone knows the code, the handover is calm. If you lose the key, the box stays...more

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