News & Analysis as of

Probate Appellate Courts Appeals

Carlton Fields

Florida Appeals Court Decisions Week of July 21 - 25, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Am Sec Ass’n v. SEC - APA, rule challenge - Weinstein v. 440 Corp - Rule 41(a), dismissal ...more

Dickinson Wright

The Hazards of Not Changing Beneficiaries Post-Divorce

Dickinson Wright on

A recent case by the Tennessee Court of Appeals highlights the importance of changing one’s insurance and retirement policy beneficiaries after divorce. This is true no matter what the divorce documents say and no matter what...more

Winstead PC

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

Winstead PC on

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

Winstead PC

Court Dismissed An Appeal From A Probate Court Order Due To A Lack Of Jurisdiction

Winstead PC on

In In re Estate of Carr, the court of appeals dismissed an appeal from a probate court order due to a lack of jurisdiction. No. 04-23-00287-CV, 2024 Tex. App. LEXIS 7827 (Tex. App.—San Antonio November 6, 2024, no pet....more

Warner Norcross + Judd

What Type of Facts Support a “Confidential or Fiduciary Relationship” Determination to Trigger the Presumption of Undue Influence?

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 In re Sherrod Estate, No 369863, 2025 WL 855275 (Mich Ct App Mar 18, 2025) (unpublished) and In re Estate of...more

Carlton Fields

Florida Appeals Court Decisions Week of February 10 - 14, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Horton v. Gilchrist - prisoner, amending pleadings - USA v. Archie - search and seizure...more

Warner Norcross + Judd

What is a Special Fiduciary and When Can the Probate Court Appoint One?

Warner Norcross + Judd on

The Michigan Court of Appeals recently issued a decision that considered the scope of the probate court’s ability to appoint a special fiduciary. In re Trueman Harrison and Modesta Harrison Trust, No 368031, 2025 WL 272281...more

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