News & Analysis as of

Probate Appellate Courts Evidence

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

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

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

Winstead PC on

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

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

Can Undue Influence be Proven Without a Direct Eyewitness?

Warner Norcross + Judd on

A recent decision of the Michigan Court of Appeals illustrates how the presumption of undue influence operates in a will contest when there is no eyewitness evidence of undue influence. In re Jones Estate, 2024 WL 5198621...more

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