Evidence, Wills, Appeals

Court Affirmed Order Denying Probate Of A Will Due To The Absence Of A Record

Winstead PC on 6/26/2025

In In re Estate of Earnest E. Clifton, an applicant offered a copy of a lost will, and the trial court denied the application via a zoom hearing without a court reporter. No. 05-24-00079-CV, 2024 Tex. App. LEXIS 7071 (Tex....more

Court Reversed Order Setting Aside The Probating Of A Will Where The Evidence Was Insufficient To Support The Order

Winstead PC on 4/8/2025

In In re Estate of Johnson, an administrator and a third party appealed the trial court’s judgment setting aside the probate of the decedent’s will, removing the administrator, and voiding the sale of an estate asset to the...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

California Courts May Invalidate Right of Survivorship in Joint Accounts

Downey Brand LLP on 12/24/2019

Often an aging parent will add an adult child to the parent’s account as a joint holder to assist with asset management or bill payment. However, this may lead to an unintended result in California when the parent dies. The...more

Will Caveats Or “The Family Feud”

Smith Debnam Narron Drake Saintsing & Myers,... on 1/25/2017

The North Carolina Court of Appeals on December 20, 2016, issued an opinion in a case involving a Will Caveat that arose in Alamance County. The facts of this recent case illustrate very clearly the emotional and contentious...more

Appellate Court Notes

Pullman & Comley, LLC on 10/20/2016

Supreme Court Advance Release Opinions: SC19516 - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. ...more