“Over there” in this context refers to the Orphans’ Court – theoretically a “division” of the Court of Common Pleas (the trial court) in each Pennsylvania county. Orphans’ Court matters include adoptions, name changes, will...more
During a Will contest, a party challenging a Will may assert that the Will was the product undue influence being exerted over the decedent by the party who benefited by the disputed Will. The question arises: What is what is...more
The Michigan Court of Appeals recently issued a decision that addresses how much evidence is necessary for a will or trust contestant to carry burden of proof. In this case, the decedent, Matthew, entered an assisted living...more
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
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
When conflict arises in the settling of an estate – especially a high-net-worth estate – the parties involved may look to the courts to help resolve the dispute. Litigation is one way to settle probate disputes, but it is...more
The Michigan Court of Appeals recently issued a decision that offers guidance as to how a personal representative should respond when the interested persons disagree over the validity of a proffered will. In re Estate of...more
In most civil litigation in the state of New Jersey, the time to file a cause of action ranges from approximately one year to six years, with some exceptions. Regarding filing a Will Contest, however, that time frame is...more
In virtually all litigation, the party that commences the lawsuit, typically referred to as the plaintiff, bears the burden of proof to establish his/her claims for which they seek relief from the Court. A defendant’s role is...more
It is a standard requirement in Probate Court disputes that the parties strictly adhere to the rules regarding notice of relief sought to all potential heirs and beneficiaries. The recent decision of Bailey v. Bailey...more
In Estate of Long, the plaintiff sued trustees and alleged that she was the only child of the decedent and asserted a cause of action for a will contest and a cause of action for a declaratory judgment action in which she...more
Beginning in 2020 a new topic entered the estate planning world based on studies done at Cornell University. Cornell started what they call a “Family Reconciliation Project” and in 2021 they published data indicating that in...more
In Allebach v. Gollub, the decedent had three children, and after he died, one of them filed a will contest and a claim that the decedent’s marriage to his second wife was void. No. 14-22-00272-CV, 2023 Tex. App. LEXIS 3469...more
Earlier this month, a Michigan jury considered whether handwriting in a spiral notebook found under a couch cushion at singer Aretha Franklin’s home constituted her valid last will. Franklin had written and signed the...more
One of the many reasons for executing a Will and Trust is to make your wishes clear and prevent animosity among family members or other beneficiaries after your death. However, there are circumstances in which it is clear to...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
On March 2, 2023 the Family Law Section of the state bar association dropped a podcast hosted by my partner Aaron Weems with an estate lawyer, Mary Kay Kelm. It covered a broad range of topics including diminishing capacity...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
In In re Estate of Hogan, a father executed a new will, leaving his estate to one of his sons (Harold) and disinheriting his other son (Gary). No. 11-20-00170-CV, 2022 Tex. App. LEXIS 3863 (Tex. App.—Eastland June 9,...more
If your estate has to be probated, in a perfect world everything will go without a hitch and the assets are distributed to beneficiaries in a timely manner. Everyone is satisfied with their inheritance and family harmony is...more
In Jones v. Jones, the decedent’s wife filed an application for probate of an attested will for her husband, and the decedent’s son from a previous marriage filed a petition contesting the will. No. 01-20-00073-CV, 2022 Tex....more
When considering whether to contest a decedent’s Last Will and Testament, an individual should consider whether red flags might be present which may point to a successful basis to challenge a disputed Will. The purpose of...more
Courts greatly appreciate when parties settle their disputes by agreement. Settlements alleviate the courts of the burden of overwhelming caseloads, and further the public policy of encouraging parties to order their affairs...more
In January 2021, I wrote about Broome County Surrogate David H. Guy’s decision in Matter of Ryan, in which Surrogate Guy addressed the admission of a remotely witnessed will to probate in New York State. Recently, in Matter...more
California law is surprisingly unclear as to whether the notes of an estate planning attorney are protected from discovery by the attorney work product doctrine. This can become a big issue in a will or trust contest when the...more