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
In Est. of Smith, the beneficiaries of an estate filed claims that the decedent was mentally incompetent when she deeded her residence to her grandson and granddaughter-in-law. No. 02-24-00175-CV, 2024 Tex. App. LEXIS 8272...more
Losing a loved one unexpectedly is devastating, particularly when their death results from someone else’s negligence or wrongful actions. Financial hardships, including medical bills, funeral expenses, and lost income, often...more
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
The Purple Reign… in Chaos: Netflix, Secrets, and the Fight Over Prince's Legacy...more
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 In re Sherrod Estate, No 369863, 2025 WL 855275 (Mich Ct App Mar 18, 2025) (unpublished) and In re Estate of...more
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
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 In re Donald F. Clark Trust, Court of Appeals January 16, 2025 (unpublished).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
In November of 2023, I did a post on this blog titled The Intersection of Family Law, Estate Law and Federal Law, regarding the reported Appellate Division case In the Matter of Michael D. Jones, Deceased. That case dealt...more
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
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
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
This week, the Michigan Court of Appeals released its decision in In re Estate of Joel Solomon Weingrad, Docket No 360247, 2023 WL 3397437 (Mich Ct App May 11 2023) (unpublished), which stands for three principles in estate...more
How was your Thanksgiving? I hope you celebrated the holiday in a pleasant setting with folks whose company you enjoyed, and with plenty of good food. I hope you participated in some interesting conversations or joined in...more
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
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
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
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
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
Two recent cases out of the Michigan Court of Appeals address the legal standards for interpreting a trust agreement. In re Larry Berman Revocable Living Trust, Docket No. 364315 (Feb. 1, 2024); In re Thomas J. and Carol A....more
While undue influence claims are commonly asserted in probate proceedings, especially with the increased prevalence of dementia and similar disabilities, two recent cases from New York’s Appellate Division illustrate how...more
The Michigan Court of Appeals recently issued a decision that offers guidance as to how a personal representative should respond when the interested persons disagree over the validity of a proffered will. In re Estate of...more
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
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more
It is a standard requirement in Probate Court disputes that the parties strictly adhere to the rules regarding notice of relief sought to all potential heirs and beneficiaries. The recent decision of Bailey v. Bailey...more