News & Analysis as of

Will Contest Beneficiaries

Winstead PC

Court Reversed Order Setting Aside The Probating Of A Will Where The Evidence Was Insufficient To Support The Order

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In In re Estate of Johnson, an administrator and a third party appealed the trial court’s judgment setting aside the probate of the decedent’s will, removing the administrator, and voiding the sale of an estate asset to the...more

Winstead PC

Court Dismissed An Appeal From A Probate Court Order Due To A Lack Of Jurisdiction

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In In re Estate of Carr, the court of appeals dismissed an appeal from a probate court order due to a lack of jurisdiction. No. 04-23-00287-CV, 2024 Tex. App. LEXIS 7827 (Tex. App.—San Antonio November 6, 2024, no pet....more

Fleurinord Law PLLC

Real Housewives of Potomac Star Gizelle Bryant Contests Father’s Will: What Texas Law Says About Undue Influence and Testamentary...

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A Civil Rights Legacy, a Contested Will, and Questions of Capacity - Gizelle Bryant, one of the stars of the Real Housewives of Potomac, is currently embroiled in a legal dispute that touches on deep family ties, a civil...more

Rivkin Radler LLP

Frank Fritz’ Will is ‘Picked’ for a Will Contest

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Frank Fritz, star of the History Channel show “American Pickers,” suffered a stroke, became incapacitated, and died on September 30, 2024, at age 60. Before he passed away, his friend, Chris Davis, became his legal guardian....more

Stark & Stark

Contesting a Will in Pennsylvania: Understanding Your Rights

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In Pennsylvania, contesting a will is a serious legal action that should not be taken lightly. It can be emotionally challenging, especially if you believe that the will does not reflect the true intentions of the deceased....more

Stark & Stark

What is Undue Influence in the Context of a Will Contest?

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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

Hendershot Cowart P.C.

Alternatives to Litigation in a Will Contest or Probate Dispute

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

Warner Norcross + Judd

How Should a Personal Representative Respond When Interested Persons Disagree Over Validity of a Proffered Will?

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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

Patton Sullivan Brodehl LLP

Strict Notice Is A Must To Trigger Deadlines For Will Contests

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

Winstead PC

Court Holds That An Order Was Not Final For Appeal Where There Was Still An Issue Of Intestancy Remaining To Be Determined

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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

Winstead PC

Court Affirms Order Voiding Marriage Between Decedent And His Niece

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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

Bowditch & Dewey

When to Include a No-Contest Clause in a Will or Trust

Bowditch & Dewey on

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

Winstead PC

Appellate Court Affirms Findings That Decedent’s Will Was Not A Product Of Undue Influence And That He Had Mental Capacity

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​​​​​​​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

Adler Pollock & Sheehan P.C.

Will Your Will Be Contested?

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

Winstead PC

Court Holds That Initialing A Will Is Sufficient To Meet The Execution Requirement

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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

Stark & Stark

Red Flags Indicating a Potentially Invalid Will

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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

Farrell Fritz, P.C.

The Case Settled

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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

Cole Schotz

Contested Estates – When Is The Right Time To Go To Court?

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In a contested estate situation, family members are mad, often fighting mad. A common client question is, “When are we going to court?” Perhaps surprisingly, our usual answer to this is, “Only when everything else has...more

Robins Kaplan LLP

[Webinar] Representations of Wealth Planning and Conflict in Film and Literature: What Can We Learn from Such Depictions? -...

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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

Winstead PC

Court Reverses Summary Judgment On The Issue Of Whether A Testatrix Had The Mental Capacity To Execute A New Will

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In In the Estate of Mahaffey, a testatrix executed a new will nine days before she died of cancer. No. 04-19-00122-CV, 2019 Tex. App. LEXIS 11171 (Tex. App.—San Antonio December 27, 2019, no pet. history)....more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – August 2019

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The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. Goulston & Storrs is the...more

Chambliss, Bahner & Stophel, P.C.

Preventing a Will Contest

Emotions can run high at the death of a family member. If a family member is unhappy with the amount they received (or didn't receive) under a will, he or she may contest the will. Will contests can drag out for years,...more

Chambliss, Bahner & Stophel, P.C.

How to Contest a Will

You had a loving relationship with your mother and she always said she would leave everything to you and your siblings, but after she died, you discover she had recently written a new will, leaving everything to her...more

Winstead PC

The Texas Supreme Court Holds That The Only Consideration In Probating A Will After The Four-Year Limitations Period Is Evidence...

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In Ferreira v. Butler, a husband and wife divorced, and the husband married a second wife. No. 17-0901, 2019 Tex. LEXIS 375 (Tex. April 12, 2019). The second wife died, and the husband never probated her will, which left...more

Farrell Fritz, P.C.

Speculation, Estate Planning, and Legal Malpractice

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In some will contests, lawyers will speculate that the decedent may have misled people as to his true estate plan, either out of weakness, to keep the peace, to measure reactions, to avoid uncomfortable conversations, and...more

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