We all expect to feel grief and sadness after the loss of a loved one. What many people don’t anticipate is the sudden burden of administrative tasks that follow death, from bills to be paid and accounts to be closed. In the...more
Executors play a crucial role in managing and distributing an estate according to the wishes outlined in a will. But what happens when an executor steps outside their duties or abuses their power?...more
What you need to know before appointing an executor under your Will - Appointing the right executor is one of the most important decisions when preparing a Will. Executors play a central role in the administration of an...more
If you believe a loved one’s will does not reflect their true wishes, you might be wondering, “Can I contest a will in Pennsylvania?” Understanding the process and grounds for contesting a will can help you decide your next...more
The UAE has established a comprehensive system of laws and registries for the draft and execution of Wills. This has been done for the benefit of the large expatriate community in the UAE who own movable and immovable assets...more
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
What Snowbirds Need to Know About the Substantive Differences Between New Jersey and Florida in Probate Administration, Homestead Protections, and Spousal Rights...more
The California Court of Appeal recently reaffirmed that a party’s ownership interest in real property must be clearly established before the party can have standing to bring an action for partition of the property. ...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
A unique aspect of practicing before the probate court is the “interested person” concept. Someone who qualifies as an “interested person” is entitled to be served with filings and receive notice of hearings in proceedings...more
It is fascinating when the types of cases we handle in our practice come to life in the media. Recently, former talk show host Wendy Williams has been the subject of media attention because she has a court-appointed...more
In In re Est. of Wheatfall, a trial court entered an order admitting a will to probate and denying a will contestant’s claims. No. 01-22-00920-CV, 2024 Tex. App. LEXIS 5503 (Tex. App.—Houston [1st Dist.] August 1, 2024, no...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
In Gaddy v. Fenenbock (In re Est. of Fenenbock), a probate court entered an order directing the independent executor of an estate to make a partial distribution of assets from the residuary clause in the decedent’s will into...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
Welcome to "Lost in Translation: Blunders in International Estate Planning." This blog series explores the intricacies of international estate planning, uncovering potential pitfalls and providing insights to navigate...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
Probate litigation can be a complicated and emotionally taxing process, especially in a state like New York known for its stringent probate laws. When disputes arise over the distribution of assets or the validity of a will,...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
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
As background, according to MCL 700.3203(1), a person named in a will to serve as personal representation has priority of appointment unless that person is disqualified. A person is disqualified if they are unsuitable to...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