Evidence, Trusts | JD Supra

Asbestos Bankruptcy Trusts Announce Intent to Destroy Data and Documents

Goldberg Segalla on 3/21/2025

Earlier this year, at least four asbestos bankruptcy trusts including WR Grace, Babcock & Wilcox, Pittsburgh Corning and Owens Corning, issued notices regarding their intent to destroy data and documents submitted by...more

Does Counsel Have a Duty to Disclose to a Surrogate’s Court the Fact That Hearing Evidence That Counsel Proffers Has Been...

Farrell Fritz, P.C. on 1/30/2025

On February 14, 2025, I will be speaking at the Suffolk Academy of Law’s annual Elder Law Update, addressing current developments in artificial intelligence (“AI”) that are relevant to trusts and estates practice, among other...more

Can Undue Influence be Proven Without a Direct Eyewitness?

Warner Norcross + Judd on 1/22/2025

A recent decision of the Michigan Court of Appeals illustrates how the presumption of undue influence operates in a will contest when there is no eyewitness evidence of undue influence. In re Jones Estate, 2024 WL 5198621...more

What If I Object to an Account Change That Now Does Not Reflect My Parent’s Intentions?

Saul Ewing LLP on 10/30/2024

Account changes by a loved one are often done in secret, and direct evidence of undue influence is rarely available. In cases where manipulation has led to changes in a beneficiary designation that have caused you harm, the...more

Are an Estate Planner’s Notes Protected by the Attorney Work Product Doctrine?

Downey Brand LLP on 3/1/2022

California law is surprisingly unclear as to whether the notes of an estate planning attorney are protected from discovery by the attorney work product doctrine. This can become a big issue in a will or trust contest when the...more

Private Client Bulletin - Summer 2021

Conyers on 8/10/2021

Welcome to the fifth edition of our Private Client Bulletin, bringing you the latest private client and trust news and insights from Bermuda, the Cayman Islands, BVI and Asia. In this issue, we have several notable...more

Is “Bad Faith” Needed for Double Damages Under Probate Code Section 859?

Downey Brand LLP on 3/2/2021

A recent decision from the California Court of Appeal shows a continued split of authority as to the meaning of California Probate Code section 859, which allows doubles damages for the wrongful taking of property under...more

Showdown at the O.K. Corral – The Battle of the Omitted Heirs

Downey Brand LLP on 8/31/2020

Providing for your children is one of the primary purposes of estate planning, but what happens to your carefully crafted trust if you had children you did not know about when you created the trust? Or, what if you have...more

Clear and Convincing Evidence Standard Continues to Apply in California Appeals

Downey Brand LLP on 8/4/2020

Last week the California Supreme Court used a conservatorship case to clarify how appellate courts should review the sufficiency of evidence when the trial court applied the clear and convincing evidence standard. In...more

[Webinar] Financial Services Webinar - Trustee Quandary: Criminal Acts By Beneficiaries With Or On Trust Property - June 25th,...

Winstead PC on 6/17/2019

With rising drug abuse issues, it is not uncommon for a beneficiary of a trust to commit criminal activities on or with trust property. This webinar will provide suggestions for trustees in this situation and address several...more

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