Appeals, Beneficiaries, Undue Influence Claims

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

Winstead PC on 5/20/2025

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

What Type of Facts Support a “Confidential or Fiduciary Relationship” Determination to Trigger the Presumption of Undue Influence?

Warner Norcross + Judd on 4/4/2025

Two recent Michigan Court of Appeals cases delve into what it takes to successfully pursue an undue influence claim. In re Sherrod Estate, No 369863, 2025 WL 855275 (Mich Ct App Mar 18, 2025) (unpublished) and In re Estate of...more

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

Winstead PC on 10/3/2022

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

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

Farrell Fritz, P.C. on 1/24/2022

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

Defining Testamentary Capacity

Conn Kavanaugh on 2/11/2021

In Haddad v. Haddad, the Massachusetts Appeals Court sent a stark reminder to probate litigators about just how difficult it is to prove a claim of lack of testamentary capacity. Such a finding must rely on specific facts...more

Arbitration Clause Held Not Enforceable as to the Validity of the Trust Amendment

Holland & Hart LLP on 2/12/2020

There has been considerable discussion regarding including arbitration clauses in estate planning documents over recent years. Some estate and trust attorneys are actively pushing for the inclusion of such clauses. Recently,...more

Your Slice of the Pizza – Only Directly Inherited Asset Qualifies as Separate Property

Downey Brand LLP on 11/26/2019

It is widely understood in California that inherited assets, unlike assets earned from labor, are the separate property of the receiving spouse. But what if the assets do not come directly from a parent and instead pass from...more

When Defending Becomes Offensive: California Court Expands No Contest Clauses to Defense of Invalid Amendment

Downey Brand LLP on 5/30/2019

No contest clauses are included in wills and trusts to discourage dissatisfied beneficiaries from challenging the document’s validity. Because enforcement of these clauses results in disinheritance, the California Probate...more

Court Affirms Finding Of Undue Influence Regarding Execution Of Will

Winstead PC on 5/28/2019

In In re Estate of Russey, the decedent was going through a divorce and signed a will. No. 12-18-00079-CV, 2019 Tex. App. LEXIS 1536 (Tex. App.—Tyler February 28, 2019, no pet. history). ...more

The Requisites for a Valid Will in North Carolina versus Texas: Blinking a Testator’s Estate Plan and Execution of a Will

Cranfill Sumner LLP on 1/25/2019

Recently a Texas intermediate appellate court affirmed a trial court’s ruling to admit a Will for probate when the decedent did not personally sign it and only communicated his desires by blinking. In the Texas case, the...more

Court Holds That There Was Insufficient Evidence To Establish That Account Beneficiary Designations Were Executed As A Result Of...

Winstead PC on 1/14/2019

In Fielding v. Tullos, an administrator of a decedent’s estate brought claims against the decedent’s housekeeper for undue influence and other related claims arising from the execution of new account beneficiary designations...more

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