News & Analysis as of

Will Contest Probate

Warner Norcross + Judd

How Much Evidence is Necessary for a Will or Trust Contestant to Carry Burden of Proof?

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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

Dunlap Bennett & Ludwig PLLC

A Probate Checklist For Executors Of A Will

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

Dunlap Bennett & Ludwig PLLC

Why Should I Work With A Probate Litigation Attorney?

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

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

Stark & Stark

The Short Time Period to Contest a Will

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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

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

Fox Rothschild LLP

Are You Sentencing Your Kids to Years of Litigation? You May Say “No” but Your Estate Plan May Say “Yes.”

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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

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

Farrell Fritz, P.C.

Surrogate’s Court Provides Guidance On Proving The Validity Of A Remotely Witnessed Will

Farrell Fritz, P.C. on

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

Burns & Levinson LLP

Preparing for Court: What You Need to Know About Probate

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Television shows and movies show a Will being read at a funeral, as if the Will is automatically valid and assets can be distributed immediately. Unfortunately, the probate process is more complex and time intensive. This...more

Burns & Levinson LLP

I Want to Contest My Parent’s Will. What Is the Process?

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While still grieving the death of your mother, you receive a Notice from the Probate and Family Court informing you that your good-for-nothing brother has filed a Petition for Probate seeking to be appointed as Personal...more

Downey Brand LLP

When Do California Trust and Estate Cases Have Preference in Trial Setting or Appeal?

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Getting a civil or probate case to trial in California can take a long time. The pandemic has backed up many courts given that criminal and civil trials starting in March 2020 were postponed. While most California trust and...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

Winstead PC

Court Found Trial Court Had Jurisdiction To Appoint Temporary Administrator Where A Will Contest Was Filed From A Muniment of...

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In Chabot v. Estate of Sullivan, the decedent’s attorney probated a holographic will as a muniment of title. No. 03-17-00865-CV, 2019 Tex. App. LEXIS 2145 (Tex. App.—Austin March 20, 2019, no pet.)....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

Winstead PC

Court Holds That Laches Did Not Bar A Will Contest

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In In re Estate of Perez-Muzza, two days before the statute of limitations period ended, a contestant filed a will contest seeking to have a court set aside an order admitting a will to probate. No. 04-16-00755-CV, 2018 Tex....more

Winstead PC

Please Release Me, Let Me Go: Court Affirms The Appointment Of A Receiver Over Ray Price’s Assets Pending A Contest

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In In re Estate of Price, Ray Price, a renowned country music singer and songwriter, died in 2013 and was survived by his wife and his biological son. No. 06-16-00062-CV, 2017 Tex. App. LEXIS 1265 (Tex. App.—Texarkana...more

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