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
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
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
“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
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
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
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
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
Fort Hayes State University in Kansas, home of the Tigers, almost lost a $20 million donation because of a forged codicil (amendment) to the will of Earl Field. Earl was a World War II pilot, successful businessperson, and...more
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
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
As we enter the eighth month of the COVID-19 pandemic, California courts and litigants continue to grapple with how to move civil cases forward. Senate Bill 1146, approved by Governor Newsom on September 18, 2020, and...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
The New York Law Journal Alternative Dispute Resolution (ADR) Special Report - Contested matters in the Surrogate's Courts of New York are part of the trend of increasing litigation in our society. They are no less...more
Last week the California Supreme Court issued a unanimous opinion in Barefoot v. Jennings (2020) ___ Cal.5th ___, ruling that a trust beneficiary disinherited in an amendment may contest the amendment’s validity in the...more
Can a disinherited person contest a trust amendment under California Probate Code section 17200? No, said the Court of Appeal last August in Barefoot v. Jennings (2018) 27 Cal.App.5th 1. The Barefoot opinion put pending...more
As a battle rages on in Nanterre, west of Paris, over the estate of Johnny Hallyday, who is best known as the “French Elvis”, and spills out across the pages of the tabloid press in France, we offer a view from Hallyday’s...more
We often receive inquiries about whether we will represent parties in California trust and will contests on a contingency basis. In contingency representation, the lawyer does not collect a fee unless the client obtains a...more