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Fiduciary Duty Probate

Whiteford

The Fiduciary Duties of an Executor of An Estate in Virginia

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Executors and administrators of estates in Virginia must swear an oath before the probate clerk that they will “faithfully perform the duties of [their] office to the best of [their] judgment.” These duties are called...more

Stark & Stark

Undue Influence in Pennsylvania: Proving It and Defending Against It

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Undue influence is one of the most common—and challenging—grounds for contesting a will or estate plan in Pennsylvania. It refers to situations where someone exerts excessive pressure or manipulation on a testator (the person...more

Winstead PC

Court Affirmed An Order Removing A Trustee

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In Richey v. Brouse, the settlor created a special needs trust for her son, who had a mental disability and a seizure disorder that required day-to-day care. No. 03-23-00544-CV, 2024 Tex. App. LEXIS 8842 (Tex. App.—Austin...more

Mandelbaum Barrett PC

Caveats in Probate: How to Challenge a Will in New Jersey

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After the loss of a loved one, families often face difficult questions—especially when the terms of a will are unexpected or the person named as executor is unfit. In these situations, it’s important to know that you do have...more

Saul Ewing LLP

What is the “Probate” Process? How Does It Work? Why Do People Want to Avoid It?

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Probate is the legal process of administering a Decedent’s Last Will & Testament (“Will”), whereby assets owned by the Decedent at death are distributed pursuant to the terms of their Will, or if there is no Will, according...more

Miles Mediation & Arbitration

Preserving Relationships and Crafting a Resolution: The Advantages of Mediation in Probate Disputes

While every probate dispute is unique, there are some issues that commonly arise. When the validity of a will or trust is contested, one family member or group may accuse other family member or members of undue influence or...more

Lasher Holzapfel Sperry & Ebberson PLLC

Washington has an Expansive “Slayer Statute”

Nearly 140 years ago, the United States Supreme Court first recognized that one who causes harm to another should not financially benefit from the estate of the harmed person. In Mutual Life v. Armstrong, the defendant was...more

Lathrop GPM

Minnesota Appeals Court Rules on Property Disclaimers - An Unheralded But Key Estate Planning Tool

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On April 28, 2025, the Minnesota Court of Appeals issued its opinion in In re Estate of Bogren. The court addressed a matter of first impression in Minnesota – whether a disclaimer of property must clearly state the value of...more

Winstead PC

Texas Supreme Court Holds That Executor Who Is Also The Sole Beneficiary Of The Estate Can Represent The Estate Pro Se

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In Suday v. Suday, the executor was also the sole beneficiary of her mother’s estate. No. 24-1009, __ Tex. LEXIS __ (Tex. June 27, 2025) (per curiam). She engaged in substantial litigation seeking to challenge her parents’...more

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

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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

The Robins Kaplan Spotlight, Vol. 10 No. 2 - June 2025

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The Spotlight strives to provide a forum to discuss the latest news and compelling issues impacting fiduciaries and those to whom fiduciaries owe duties. Whether you are an officer, director, trustee, beneficiary, trust...more

Mandelbaum Barrett PC

First Steps for Executors: What to Do When a Loved One Passes

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When a loved one passes away, the emotional toll of the loss can be compounded by the sudden responsibility of managing the deceased person’s estate—especially if you’ve been named as the executor under a Last Will and...more

Farrell Fritz, P.C.

Invalidating Legal Documents and Transactions in Article 81 Guardianship Proceedings

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Much has been written about courts invalidating instruments or transactions after a person’s death. Courts invalidating instruments or transactions during a person’s lifetime is discussed less often. A mechanism for doing so...more

Charles E. Rounds, Jr. - Suffolk University...

Liability of Trust Beneficiary Who Litigates Vexatiously or Participates in a Breach of Trust

The Restatement (Third) of Trusts, specifically §104, lists four general areas in which the beneficiary’s actions may lead to an assumption of internal liability to the trust estate: (1) A loan or advance to the beneficiary...more

Weintraub Tobin

Navigating Business Interests as a Fiduciary in California

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Administering a trust or probate estate is challenging enough—but what happens when you, as a private professional fiduciary, are tasked with managing a business interest? Whether you’re a professional trustee, conservator,...more

McManis Faulkner

May a Trustee use Trust Funds in Beneficiary Disputes?

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In California, trustees have a fiduciary duty to act impartially and in the interest of all beneficiaries. But what happens when a trustee uses trust funds to finance litigation that benefits only certain beneficiaries—or...more

Stark & Stark

Litigation Concerning an Executor’s Accounting

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As discussed in a previous blog, prior to an executor making distributions from an estate he/she must produce an accounting which the beneficiaries of an estate are entitled to review. Provided that the accounting is...more

Winstead PC

Court Affirms A Trial Court’s Order Granting A Receiver’s Request To Sell Real Property

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In Estate of Richards, a probate court entered an order appointing a receiver of estate property. No. 11-23-00031-CV, 2024 Tex. App. LEXIS 8626 (Tex. App.—Eastland December 12, 2024, no pet. history)....more

Buckingham, Doolittle & Burroughs, LLC

How to Prepare for the $84 Trillion Inheritance Boom

The United States is on the brink of the largest transition of wealth in its history, known as the “Great Wealth Transfer.” By 2045, an estimated $84 trillion in assets will be transferred from baby-boomers to their heirs. In...more

Stark & Stark

Addressing Issues with an Accounting by an Executor of an Estate

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Prior to the distribution of an estate by an executor to its beneficiaries, an executor must prepare an accounting which outlines the assets of an estate, its liabilities, and the expenses paid by an estate prior to actual...more

Goulston & Storrs PC

Executor Nominated by Decedent Deemed Unfit to Serve

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When is the executor nominated by the decedent in a will deemed unfit to serve as executor? Rarely – but a recent decision in Surrogates Court set forth the standard and deemed the nominated executor in that case unfit to...more

Goulston & Storrs PC

Land Court’s Invalidation of Deed as the Result of Undue Influence Affirmed

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What constitutes undue influence sufficient to invalidate a deed? In Erikson v. Erikson, 105 Mass. App. Ct. 1115 (February 24, 2025), the Appeals Court of Massachusetts affirmed the Land Court’s invalidation of a deed on the...more

Falcon Rappaport & Berkman LLP

Foreclosure Process Clarification: No Pre-Foreclosure Notice Required to be Served on Appointed Estate Fiduciary for Deceased...

In a significant legal victory for lenders, the Supreme Court of New York recently ruled in favor of our lender client in a residential foreclosure action against the estate of its borrower. This decision confirms that...more

Winstead PC

Texas Supreme Court Holds That Unsworn Testimony By Attorney Regarding A Lost Will Should Have Been Considered By The Appellate...

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In In re Estate of Brown, a charity offered a copy of will to probate. No. 23-0258, 2024 Tex. LEXIS 684 (Tex. August 30, 2024). An attorney offered unsworn testimony regarding the reason for the nonproduction of the original...more

The Estate Lawyers

The Importance of Formal Communications When Amending Trusts

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A recent appellate case serves as a valuable lesson for both estate planners and beneficiaries about adhering to formal procedures when making changes to a trust. The court found that the mere exchange of emails was...more

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