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Wills Probate

Ward and Smith, P.A.

Why Wait? – Estate Planning for Young Families

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Especially in the beginning stages of building a family, legal documentation is not often top of mind. However, for young families, establishing a comprehensive estate plan is an important and proactive step toward...more

Winstead PC

Court Affirmed Summary Judgment Order Finding That A Will Should Be Set Aside For Undue Influence

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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

Winstead PC

Court Held That Non-Attorney Executor Could Not Appeal An Order

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In Suday v. Suday, a trial court denied an executrix’s challenge to its jurisdiction with regard to her mother’s estate. No. 04-23-00836-CV, 2024 Tex. App. LEXIS 6953 (Tex. App.—San Antonio September 25, 2024, pet. filed)....more

Adler Pollock & Sheehan P.C.

Can Your Will Be Contested? A No-Contest Clause Can Cause Beneficiaries to Think Twice

Your will is meant to ensure that your final wishes are honored. However, it can sometimes be contested, potentially leading to lengthy legal battles and financial disputes among your heirs. Understanding when and why a will...more

Kohrman Jackson & Krantz LLP

No Direction: What Liam Payne’s Estate Teaches Us About Dying Without a Will

Liam Payne’s sudden and tragic death shocked the world—but what followed should concern anyone without an estate plan. Despite a $32 million fortune, the former One Direction star left no will, leaving behind a young son, an...more

Stark & Stark

Contesting a Will in Pennsylvania: The Legal Process

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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 last will and testament will not reflect the true intentions...more

Stark & Stark

Litigation Concerning an Executor’s Accounting

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As discussed in a previous blog, prior to an executor making distributions from an estate he/she must produce an accounting which the beneficiaries of an estate are entitled to review. Provided that the accounting is...more

Winstead PC

Court Affirms A Trial Court’s Order Granting A Receiver’s Request To Sell Real Property

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In Estate of Richards, a probate court entered an order appointing a receiver of estate property. No. 11-23-00031-CV, 2024 Tex. App. LEXIS 8626 (Tex. App.—Eastland December 12, 2024, no pet. history)....more

Winstead PC

Court Affirmed Probate Order On The Ownership Of Farm Equipment Which Depended On The Location Of The Equipment At The Time Of The...

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In Halderman v. Ivy, the decedent’s will stated: “I give, devise and bequeath my 66.977 acres located on FM 1848 in Freestone County, Texas, including all livestock and farm equipment located thereon to my two children . . ....more

Fleurinord Law PLLC

What Gene Hackman’s Estate Teaches Us About Simultaneous Death, Survivorship Clauses, and Charitable Planning

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A Hollywood Legend’s Final Act: A Lesson in Estate Planning - The world recently bid farewell to legendary actor Gene Hackman, who passed away on February 18, 2025, at the age of 95. Just six days earlier, his wife, Betsy...more

Adler Pollock & Sheehan P.C.

Newly Married? Young Parents? Start Your Estate Plan Now

Estate planning is not a task that often comes to mind for those who are newlyweds or those parents who are in the midst of raising young children. Either you’re still enjoying the post-wedding excitement and promise of a new...more

Farella Braun + Martel LLP

Mamma Mia!: Common Estate Planning Issues for Blended Families

Welcome to The Verdict: Estate Planning Through Film. I'm Hons Yung, and today I’m joined by Farella Senior Associate Taylor Porter to discuss the movie Mamma Mia! With ABBA's blend of pop, rock, and disco setting the tone,...more

Winstead PC

Court Reversed Order Holding That A Will Had Been Revoked Where There Was No Present Intent To Do So

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In In re Estate of Wright, decedent’s son appealed an order finding that his mother died intestate. No. 13-23-00043-CV, 2024 Tex. App. LEXIS 8078 (Tex. App.—Corpus Christi November 21, 2024, no pet. history)....more

Downey Brand LLP

Estate of Tarlow and the Spirit of the Law– When Sibling Rivalries Extend Beyond the Grave

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Justice Stephen Field wrote for a unanimous Supreme Court in the 1869 case of United States v. Kirby that “The reason of the law . . . should prevail over its letter.” Justice Field wrote these words in support of a decision...more

Goulston & Storrs PC

Executor Nominated by Decedent Deemed Unfit to Serve

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When is the executor nominated by the decedent in a will deemed unfit to serve as executor? Rarely – but a recent decision in Surrogates Court set forth the standard and deemed the nominated executor in that case unfit to...more

Goulston & Storrs PC

Land Court’s Invalidation of Deed as the Result of Undue Influence Affirmed

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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

The Estate Lawyers

Estate Law Update: Millions More California Homes Eligible to Bypass Full Probate Process

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Before shifting my practice from estate planning to estate litigation, I witnessed up close the challenges and frustrations associated with the California probate process. That has changed for many Californians. Assembly Bill...more

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

Texas Supreme Court Holds That Unsworn Testimony By Attorney Regarding A Lost Will Should Have Been Considered By The Appellate...

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In In re Estate of Brown, a charity offered a copy of will to probate. No. 23-0258, 2024 Tex. LEXIS 684 (Tex. August 30, 2024). An attorney offered unsworn testimony regarding the reason for the nonproduction of the original...more

Kohrman Jackson & Krantz LLP

What Gene Hackman’s Estate Reveals About Proper Estate Planning

The recent death of legendary actor, Gene Hackman, age 95, and his wife Betsy Arakawa, age 65, has brought attention to the complexities surrounding their estate and illustrates the need for proper estate planning. At his...more

Jaburg Wilk

Why an Estate Plan is as Essential as Sunscreen

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In Arizona, spring is when the sun shines brightly, and the temperatures are perfect for enjoying outdoor activities. As much as we love the spring warmth, it is important to remember that with all that sunshine comes the...more

Carey Olsen

Shares across shores

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In an article for STEP Journal, Carey Olsen partner Helen Wang TEP looks at a recent case assessing the treatment BVI company shares as property and which governing law should apply for succession purposes. In Al Thani v Al...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

The Estate Lawyers

The Importance of Formal Communications When Amending Trusts

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A recent appellate case serves as a valuable lesson for both estate planners and beneficiaries about adhering to formal procedures when making changes to a trust. The court found that the mere exchange of emails was...more

The Estate Lawyers

Four Estate Planning Lessons from the Deaths of Gene Hackman and Betsy Arakawa

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The recent passing of legendary actor Gene Hackman, 95, and his wife, Betsy Arakawa, 65, within days of each other in their Santa Fe, New Mexico, home underscores the importance of contingency planning and other factors in...more

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