News & Analysis as of

Beneficiaries Fraud

Winstead PC

Court Reversed Summary Judgment And Held That There Was A Fact Question On Whether A Trust Was Void Due To Forgery Or Fraud

Winstead PC on

In In re Est. of Prieto, the contestant’s mother executed a will in 2008 leaving her property to a trust. No. 04-22-00038-CV, 2024 Tex. App. LEXIS 6336 (Tex. App.—San Antonio August 28, 2024, no pet.)....more

Robins Kaplan LLP

Lifestyles of the Rich and Famous: Fiduciary Responsibility in the Spotlight

Robins Kaplan LLP on

Wealth and celebrity provide no immunity from the burdens of fiduciary responsibility. The more complex an estate or financial portfolio, the greater the opportunity for fiduciary breaches—whether through elder exploitation,...more

American Conference Institute (ACI)

[Event] High-Net-Worth Contentious Disputes - June 12th - 13th, New York, NY

As the landscape of HNW disputes remains increasingly complex — with cross-border disputes, challenges with tracing and valuating digital assets, contentious trusts, and privacy concerns playing larger roles — ACI's Inaugural...more

The Estate Lawyers

Music Legend’s Family Bears the Weight of Estate Feud Centered on Financial Abuse and Incapacity Claims

The Estate Lawyers on

Robbie Robertson, famously associated with Bob Dylan, left his own mark as founder of legendary band, The Band, and through his solo work and his many movie scores. Inducted into the halls of fame in the U.S. and his native...more

Downey Brand LLP

Gambling, Racehorses, and Protecting Your Loved Ones from Testamentary Fraud: They Have More in Common Than You Think

Downey Brand LLP on

A question for you: do you have an estate plan? Of course you do, everyone needs an estate plan. Second question: who is(are) the beneficiary(ies) of your estate plan? Someone you love and trust, I presume. Perhaps a spouse,...more

Stark & Stark

Contesting a Will in Pennsylvania: Understanding Your Rights

Stark & Stark on

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

Patton Sullivan Brodehl LLP

Lis Pendens Upheld in Claim Against Sham Trustee Who Transferred Trust Property

A lis pendens is a recorded document giving constructive notice that a lawsuit has been filed affecting title to or right of possession of the real property described in the notice. Any person later acquiring an interest in...more

King & Spalding

Department of Justice Releases False Claims Act Statistics for Fiscal Year 2023

King & Spalding on

On February 22, 2024, DOJ issued a press release regarding its Fiscal Year (FY) 2023 statistics regarding settlements and judgments under the False Claims Act (FCA). Notably, FY 2023 represents the highest number of...more

ArentFox Schiff

Investigations Newsletter: DOJ Announced Results of Nationwide COVID-19 Fraud Enforcement

ArentFox Schiff on

DOJ Announced Results of Nationwide COVID-19 Fraud Enforcement - On Wednesday, August 23, 2023, the US Department of Justice (DOJ) announced the results of a coordinated, nationwide enforcement action to combat COVID-19...more

Winstead PC

Trust Issues in Divorce Proceedings - Presentation - May 2023

Winstead PC on

David F. Johnson presented to the Tarrant County Probate Bar Association on May 4, 2023, on the topic of “Trust Issues in Divorce Proceedings.” This program discussed some of the many trust issues that arise in divorce...more

Foley & Lardner LLP

Managed Care & the FCA: Are Courts Getting It Right?

Foley & Lardner LLP on

Courts are grappling with unique questions in the context of managed care programs in False Claims Act (FCA) cases. But are they getting it right? Two questions trending in courts relate to: (1) materiality under the FCA when...more

ArentFox Schiff

OIG Reports Indicate the Government's Interest in Balancing Ongoing Telehealth Access With Increased Oversight

ArentFox Schiff on

A pair of reports recently issued by the US Department of Health and Human Services (HHS) Office of the Inspector General (OIG) highlight the important role telehealth services have played in ensuring access to medical...more

Downey Brand LLP

Fraud Claims May Reopen Court-Approved Accountings

Downey Brand LLP on

Even a court order approving an accounting may not protect a California fiduciary if the accounting is inaccurate. That’s the upshot of Hudson v. Foster (2021) ___ Cal.App.5th ___, a recent California Court of Appeal decision...more

Chambliss, Bahner & Stophel, P.C.

How to Contest a Will

You had a loving relationship with your mother and she always said she would leave everything to you and your siblings, but after she died, you discover she had recently written a new will, leaving everything to her...more

Winstead PC

Breach Of Fiduciary Duty Claim Against Trustee Based On Self-Dealing Real Estate Investment Was Dismissed Due To Limitations,...

Winstead PC on

In Goughnour v. Patterson, a beneficiary sued a trustee based on a failed real estate investment. No. 12-17-00234-CV, 2019 Tex. App. LEXIS 1665 (Tex. App.—Tyler March 5, 2019, no pet. history). In 2007, the trustee of four...more

Jaburg Wilk

Undue Influence - or Not?

Jaburg Wilk on

Has it ever crossed your mind — even if only for a moment — that if you are extra super nice to rich old Aunt Harriet (or whomever the “Aunt Harriet” in your life may be), who is getting up there in years, never had any...more

Winstead PC

The Texas Supreme Court Denies Review In A Case Awarding Mental Anguish Damages, Exemplary Damages, and Other Damages For A...

Winstead PC on

Today, the Texas Supreme Court denied review in Wells Fargo v. Militello, No. 05-15-01252-CV, 2017 Tex. App. LEXIS 5640 (Tex. App.—Dallas June 20, 2017, pet. denied). In Militello, the court of appeals affirmed a trial...more

Farrell Fritz, P.C.

Receipts and Releases: End of the Road or Just the Beginning

Farrell Fritz, P.C. on

The discharge of an executor or trustee is the ultimate end-game of most, if not all, estate and trust administrations. Affording that kind of comfort level to the fiduciary can be accomplished in one of two ways,...more

Downey Brand LLP

Take It or Leave It: The Perilous Decision of Whether to Violate a No Contest Clause

Downey Brand LLP on

One of the most dramatic areas of California trust and estate litigation is no contest clauses. No contest clauses bring a made-for-tv excitement to the practice of trust and estate law because of the risk of...more

King & Spalding

OIG Recommends that CMS Recoup More Than $100 Million in Overpayments for Incarcerated and Unlawfully Present Beneficiaries

King & Spalding on

CMS made more than $100 million in improper payments to providers for healthcare services on behalf of incarcerated and unlawfully present individuals between 2009 and 2011, according to a pair of reports issued on January...more

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