Bar Exam Toolbox Podcast Episode 226: Listen and Learn -- More Contract Defenses
How Should We Celebrate Elder Law Month?
Don’t skip careful analysis of release language in the rush to paper a settlement—recycling generic language from a prior settlement can have unintended consequences. That’s the lesson from Bogda v. Bochenek, 236 Conn. App....more
Will contests are among the most common and also the most emotionally charged types of estate disputes. A will is a legal document setting forth a person’s directions for the disposition of their probate estate upon their...more
The validity of a will is formally challenged in what is known as a caveat proceeding. A caveat proceeding is effectively a type of lawsuit that addresses whether a will that has been admitted to probate should be declared...more
Sibling rivalry is a tale as old as time. In probate litigation, however, these emotional battles can eat away at a family’s precious legacy. That’s why a good estate plan needs to go beyond tax and investment planning...more
If you are considering challenging a decedent’s last will and testament, this article will provide a general overview as to three potential challenges which can be levied against a decedent’s purported last will and...more
Each year, I revisit the most common estate planning missteps I see in my practice. These mistakes cost families time, money, and peace of mind. If you’ve been putting off your plan, consider this your annual nudge to take...more
When a person manipulates someone into changing their will, what’s a family member who finds themselves cut out of an inheritance to do?...more
As individuals age, they often face unique emotional and financial vulnerabilities that can make them susceptible to exploitation. In recent years, I have noticed a troubling uptick in cases related to one of the more...more
U.S. Eleventh Circuit Court of Appeals - USA v. Bryan - criminal trial, interference with rights, kidnapping, evidence- Koletas v. USA - FTCA, sovereign immunity waiver, Transportation Security Officers - Watson v....more
When you’ve worked hard for what you have, the last thing you want is to see it lost in a contest over your estate. Perhaps more important than the financial cost of an estate contest is the emotional cost. Few events can...more
When Sarah remarried at 68, she thought her estate plan would protect both her new husband and her three adult children. Instead, conflicting expectations led to a four-year legal battle that left her family deeply divided....more
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
Thirteen Democratic AGs, led by Colorado AG Phil Weiser, have moved to intervene in the U.S. District Court of the Northern District of California’s review of an antitrust settlement concerning the $14 billion merger between...more
The numbers are disturbing. Elder abuse—especially financial exploitation—is all too prevalent and is a serious concern in estate planning and probate litigation. Whether it’s a caregiver manipulating a vulnerable senior or a...more
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
Disinheriting someone from an estate is a big decision, one that requires careful consideration and precise legal drafting to avoid ambiguity, disputes, and delays. Estate planners should avoid generic clauses and embrace...more
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
Imagine that you are the trustee of your father’s trust and also hold his power of attorney. He is in his mid-80s, physically frail and depressed. He has been diagnosed with a neurocognitive disorder and two doctors have...more
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
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
Undue influence is one of the most common—and challenging—grounds for contesting a will or estate plan in Pennsylvania. It refers to situations where someone exerts excessive pressure or manipulation on a testator (the person...more
In Monariti v. Monariti, a will contestant filed a motion for summary judgment, alleging that the will should be set aside due to undue influence. No. 14-23-00062-CV, 2024 Tex. App. LEXIS 6476 (Tex. App.—Houston [14th Dist.]...more
Elderly persons often sign new estate documents, including trusts and trust amendments. Certainly, all persons with competence and without improper influences have the right to leave their property to whoever, and however,...more
What constitutes undue influence sufficient to invalidate a deed? In Erikson v. Erikson, 105 Mass. App. Ct. 1115 (February 24, 2025), the Appeals Court of Massachusetts affirmed the Land Court’s invalidation of a deed on the...more
Two recent Michigan Court of Appeals cases delve into what it takes to successfully pursue an undue influence claim. In re Sherrod Estate, No 369863, 2025 WL 855275 (Mich Ct App Mar 18, 2025) (unpublished) and In re Estate of...more