Joint bank accounts are often viewed as a convenient way to manage finances or pass assets seamlessly upon death. However, in Pennsylvania estate disputes, joint accounts can become a major source of conflict among heirs and...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 In re Sherrod Estate, No 369863, 2025 WL 855275 (Mich Ct App Mar 18, 2025) (unpublished) and In re Estate of...more
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
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Intentional Interference and Unjust Enrichment Claims in Connection with a Trust...more
The COVID-19 pandemic has forced litigants to wrestle with the dilemma of waiting for a jury trial or moving forward more expeditiously by way of a bench trial. Recently, the Appellate Division, Fourth Department, and the...more
Daughter with Power of Attorney Had Burden to Show No Undue Influence over Father - Coscia v. Sweezey, 2021 WL 4765696 (Mass App. Ct. October 13, 2021) - Does holding a power of attorney from a parent in declining...more
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Decedent’s New York Residence at Time of Death Does Not Create Jurisdiction in New...more
Reformation of Trust Supported by Presumption that Settlor Would Not Have Intended Construction Resulting in Payments to Government Rather Than Beneficiaries...more
In Haddad v. Haddad, the Massachusetts Appeals Court sent a stark reminder to probate litigators about just how difficult it is to prove a claim of lack of testamentary capacity. Such a finding must rely on specific facts...more