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Estate Planning Probate Courts

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
Amundsen Davis LLC

Common Misconceptions in Estate Planning: Wills Avoid Probate

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It is a common misconception believed by many that having a will avoids probate. Not only is it false, it really could not be further from the truth. Rather, a will is a tool that is often used during the probate process and...more

Fleurinord Law PLLC

From Purple Reign to Probate Pain: Lessons from Prince’s $156 Million Estate Planning Mistake

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The Purple Reign… in Chaos: Netflix, Secrets, and the Fight Over Prince's Legacy...more

Warner Norcross + Judd

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

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 In re Sherrod Estate, No 369863, 2025 WL 855275 (Mich Ct App Mar 18, 2025) (unpublished) and In re Estate of...more

Warner Norcross + Judd

Michigan Court of Appeals Ruling Reflects Certain Probate Court Relief is Limited to ‘Interested Persons’

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A unique aspect of practicing before the probate court is the “interested person” concept. Someone who qualifies as an “interested person” is entitled to be served with filings and receive notice of hearings in proceedings...more

Mandelbaum Barrett PC

Understanding Guardianship: Lessons from Wendy Williams’ Legal Battle

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It is fascinating when the types of cases we handle in our practice come to life in the media. Recently, former talk show host Wendy Williams has been the subject of media attention because she has a court-appointed...more

Cohen Seglias Pallas Greenhall & Furman PC

The Murdoch Trust: From Inception to the Latest Court Ruling

The Murdoch family and their media empire have long captivated national attention, with layers of legal and financial complexity shaping the future of one of the world’s most influential media dynasties. At the center of this...more

Warner Norcross + Judd

What is a Special Fiduciary and When Can the Probate Court Appoint One?

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The Michigan Court of Appeals recently issued a decision that considered the scope of the probate court’s ability to appoint a special fiduciary. In re Trueman Harrison and Modesta Harrison Trust, No 368031, 2025 WL 272281...more

Adler Pollock & Sheehan P.C.

Financial Power of Attorney -To Spring or Not to Spring?

A financial power of attorney (POA) can be a critical component of your estate plan. It appoints a trusted representative (often called an agent) to make financial decisions on your behalf in the event you’re unable to do so....more

Warner Norcross + Judd

Slayer Statute — Does a Crime Committed Against the Decedent Impact Inheriting from the Decedent under Michigan Law?

Yes, depending on the nature of the crime and if convicted. In re Donald F. Clark Trust, Court of Appeals January 16, 2025 (unpublished). This appeal involved the probate court's winddown of the Donald F. Clark Trust....more

Mandelbaum Barrett PC

What Happens When a Minor Child Receives an Inheritance in New Jersey?

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Unintended consequences often occur without proper estate planning.  This is common when minor children receive an inheritance.  Since minors cannot possess assets directly, the inheritance must be held on behalf of the minor...more

Chambliss, Bahner & Stophel, P.C.

Who Gets the Iron Skillet? A Solution for Avoiding Family Conflict

The Chambliss estate planning team often helps families navigate the complexities of administering a loved one’s estate. Challenges can arise in addressing the personal property in the estate...more

Pullman & Comley, LLC

Decanting Isn’t Just for Wine Anymore – The Connecticut Uniform Trust Decanting Act

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Not all trusts age like fine wine. Family situations change, tax laws are updated, and an irrevocable trust created years ago may no longer be ideal for today’s circumstances. ...more

Winstead PC

Court Held Order Requiring An Executor To Make A Partial Distribution Was Not An Appealable Order

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In Gaddy v. Fenenbock (In re Est. of Fenenbock), a probate court entered an order directing the independent executor of an estate to make a partial distribution of assets from the residuary clause in the decedent’s will into...more

The Estate Lawyers

Divorce Need Not Ignite Estate Litigation, But Too Often It Does

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Certain life events demand that estate planners work with client testators to adjust their estate plans. Divorce and remarriage are at the top of that list. When matrimony devolves into acrimony – setting the stage for...more

Winstead PC

Court Affirmed Order Reinstating Receivership While Case Was On Appeal

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In Bogle v. Bass, a trial court granted a motion for receivership in a trust dispute under “under the rules and principles of equity” under Texas Civil Practice and Remedies Code Section 64.001(a)(6). No. 03-23-00491-CV, 2024...more

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

Downey Brand LLP

Flying Too Close to the Sun: The Scope of a No-Contest Clause Disinheritance Under Key v. Tyler

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This blog has previously mentioned the most common question we hear when people find out we work in probate litigation: “What can I do to make sure my family doesn’t fight over my property after I die?” Because I am a...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

Warner Norcross + Judd

When Can the Probate Court Bypass a Nominated Personal Representative in a Will and Appoint Someone Else?

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As background, according to MCL 700.3203(1), a person named in a will to serve as personal representation has priority of appointment unless that person is disqualified. A person is disqualified if they are unsuitable to...more

Bowditch & Dewey

Tales from the Docket: Who Gets the Money When a Trust Fails?

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In 1998, Elizabeth died leaving a will that contained a trust for the benefit of her niece, Jean, for her life. Upon Jean’s death, the remaining trust assets were to pass to her other niece, Dorothy. Both Jean and Dorothy...more

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