The Case of the Disappearing Trust
This update will address the following issues: whether a party has a right to jury trial in trust modification and other similar actions, what are the standards for pretrial receivership and injunctive relief in trust...more
The days and weeks immediately following the passing of a loved one can be extremely stressful and emotional. Arrangements must be made, and paperwork comes flooding in, all while you are coping with the loss and grief. This...more
Elvis Has Left the Building - In 1977, when Elvis Presley died (to put a complicated situation very simply), his estate and any future royalties generated by his intellectual property, including his music, passed into a...more
Picture this: your great aunt has died and left you and your brother each one million dollars, her entire estate, in a will. Great, right? Now imagine that your brother never appreciated your great aunt during her lifetime,...more
In rare instances, during the administration of an estate, there might arise an ambiguity within the language of the decedent’s Last Will and Testament as to how the decedent wished to dispose of his property pursuant...more
It is a common misconception that if a person has a will, there will be no need for court proceedings upon their death. In Massachusetts, however, a will must always be admitted to probate, a process requiring various forms...more
After graduating college and getting your life started, you are filled with pride, excitement and anticipation for your new career and freedom from school. Your last thought is to hire an attorney and prepare an estate plan....more
Occasionally, you may receive conflicting advice from two people – both people you trust, both skilled in their fields. How do you decide what to do?...more
It is very difficult for many of us to acknowledge that death is, eventually, a certainty for all of us. It’s a topic we’d like to avoid altogether, and it’s something we often avoid planning for because to plan for death is...more
Last week, my colleague Noelle Lussier provided valuable insights into avoiding probate litigation. Building off of that, with a particular emphasis on litigation concerning the validity of Wills and Trusts, one common theme...more
As we enter the New Year, it’s a good time to revisit your estate plan. The big question is whether your will, trust, power of attorney, and advance health care directive accomplish your personal objectives. Guidance from an...more
This presentation will cover Texas cases dealing with fiduciary issues over the survey period. Some of the issues involve the removal of a trustee, the resignation of a trustee, the production of confidential trust...more
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
Tracy M. Potts has nearly three decades of experience in California with estate planning, administration and litigation. A Texas native, she earned her law degree from Southern Methodist University School of Law. Her...more
A successful estate administration starts with the right executor. Whether you have been appointed as an executor in someone’s will or trust or need to appoint someone as executor in your own will or trust, you must...more