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Probate Courts Probate Estate Planning

Husch Blackwell LLP

Planning to Avoid Fiduciary Litigation

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When a loved one dies, the last thing you want to deal with is a lawsuit, or have your heirs inherit a lawsuit. After the death of a maternal or paternal figure that keeps the family together, tensions flare between siblings...more

Downey Brand LLP

No Such Thing as a Free Ride: Section 859 Awards Can Now Go To Whoever Does the Work

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Newcomers to probate litigation are frequently surprised by how differently things work in probate court, as opposed to your more straightforward civil courts. (And how do those newcomers know how civil courts work?  Law &...more

Goulston & Storrs PC

SJC Finds Words of Survivorship Sufficient to Avoid Anti-Lapse Statute

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Does the phrase “if they survive me” demonstrate a testator’s intent to avoid the Massachusetts Uniform Probate Code (“MUPC”) anti-lapse statute, Massachusetts General Laws Chapter 190B § 2-603? The Massachusetts Supreme...more

Mandelbaum Barrett PC

Navigating Probate Litigation in New York: A Comprehensive Guide

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Probate litigation can be a complicated and emotionally taxing process, especially in a state like New York known for its stringent probate laws. When disputes arise over the distribution of assets or the validity of a will,...more

Allen Barron, Inc.

Estate Planning for Business Owners

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What are some of the fundamental issues when estate planning for business owners? Why should every business owner have an estate plan? What are some of the primary issues to address in an effective estate plan for those who...more

Warner Norcross + Judd

Trial Win for Warner Clients in Dispute Over Decedent’s Assets

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Trial attorney David Skidmore from Warner Norcross + Judd LLP’s Probate Litigation Practice Group, a subgroup of the firm’s Litigation and Dispute Resolution Practice Group, recently represented clients in a trial before the...more

Farrell Fritz, P.C.

The Admission Of Remotely Witnessed Wills To Probate In New York

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In 2021 and 2022, I wrote about Surrogate’s Court decisions that addressed the admission of remotely witnessed wills to probate in New York State.  Since then, Surrogate’s Courts have issued at least two more decisions...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

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - November 2023

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This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more

Downey Brand LLP

Hey, That’s Also My Turf! Contract Claims Involving Estates May Be Litigated in Federal Court

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Exactly where a court’s jurisdiction begins and ends is a question that has long irked our judicial system. One muddle is the extent to which federal courts, as opposed to state courts, can decide disputes involving a...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - May 2023

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This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. ...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Death and Taxes

This week, the Court addresses the application of the probate exception to federal-court jurisdiction. The Court holds that the probate-exception bar to federal-court jurisdiction does not apply when a breach-of-contract...more

Winstead PC

Court Affirmed An Order Holding That A Deceased Astronaut’s Artifacts Were His Separate Property

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In Bean v. Bean, a dissenting co-executor sought relief from a probate court regarding whether certain assets were separate property or community property. No. 05-21-00286-CV, 2022 Tex. App. LEXIS 9058 (Tex. App.—Dallas...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - February 2023

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Trust v. Code: What Trumps? Matter of the Leo Kahn Revocable Trust, 102 Mass. App. Ct. 38 (2022) - If the terms of a trust instrument are inconsistent with a provision of the Massachusetts Uniform Trust Code (“MUTC” or...more

Lippes Mathias LLP

Hiring Counsel for Estate and Trust Administration Could Help You Avoid an Expensive Conflict

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Losing a family member or friend is a difficult situation for everyone. In 1969, the Swiss-American psychiatrist Elizabeth Kübler-Ross wrote in her book “On Death and Dying,” that grief could be divided into five stages:...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - October 2022

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Power of Attorney Did Not Provide Authority to Create a Trust on Behalf of the Elder Who Granted the Power of Attorney - Barbetti v. Stempniewicz, 490 Mass. 98 (Sup. Jud. Ct. June 28, 2022) Does a power of attorney...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - April 2022

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This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more

Farrell Fritz, P.C.

The Court of Appeals Takes a Look at an Undue Influence Claim from a Non-Jury Trial

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The COVID-19 pandemic has forced litigants to wrestle with the dilemma of waiting for a jury trial or moving forward more expeditiously by way of a bench trial.  Recently, the Appellate Division, Fourth Department, and the...more

Proskauer Rose LLP

Wealth Management Update - December 2021

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Federal interest rates increased slightly for December of 2021 but remain fairly low historically. The December Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 1.6%, which is...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - December 2021

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Daughter with Power of Attorney Had Burden to Show No Undue Influence over Father - Coscia v. Sweezey, 2021 WL 4765696 (Mass App. Ct. October 13, 2021) - Does holding a power of attorney from a parent in declining...more

Winstead PC

Court Affirms Decision That Executor Applicant Was Unsuitable For That Position

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In In the Estate of Johnson, an applicant to be an independent administrator appealed a court’s decision to not appoint him due to his being unsuitable. No. 02-20-00133-CV, 2021 Tex. App. LEXIS 7138 (Tex. App.—Fort Worth...more

JAMS

[PODCAST] JAMS Neutrals on the Evolution of Trusts and Estates Disputes and Considerations for Selecting the Right Mediator

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In this podcast, JAMS neutrals Hon. Glen Reiser (Ret.) and Lisbeth Bulmash, Esq., discuss how the pandemic and a shifting landscape around wealth transfers is fueling increased trusts and estates disputes. They weigh in on...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - September & October 2021

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This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Decedent’s New York Residence at Time of Death Does Not Create Jurisdiction in New...more

Burns & Levinson LLP

Planning Ahead: 5 Ways to Mitigate Risk in Probate Litigation

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Under the umbrella of probate litigation falls guardianship and conservatorship disputes, Will and trust contests, fights over family real estate and whether or not a gift was actually meant to be a gift. The most basic and...more

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