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Testamentary Capacity Estate Planning Probate

Stark & Stark

Undue Influence in Pennsylvania: Proving It and Defending Against It

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Undue influence is one of the most common—and challenging—grounds for contesting a will or estate plan in Pennsylvania. It refers to situations where someone exerts excessive pressure or manipulation on a testator (the person...more

The Estate Lawyers

Dementia Does Not Have to Derail Estate Plans

The Estate Lawyers on

The Alzheimer’s Association says that more than 55 million people are living with dementia worldwide. In the United States the figure for Alzheimer’s alone is nearly 7 million, on pace to hit 13 million by 2050. We all know...more

Fleurinord Law PLLC

Real Housewives of Potomac Star Gizelle Bryant Contests Father’s Will: What Texas Law Says About Undue Influence and Testamentary...

Fleurinord Law PLLC on

A Civil Rights Legacy, a Contested Will, and Questions of Capacity - Gizelle Bryant, one of the stars of the Real Housewives of Potomac, is currently embroiled in a legal dispute that touches on deep family ties, a civil...more

Rivkin Radler LLP

Frank Fritz’ Will is ‘Picked’ for a Will Contest

Rivkin Radler LLP on

Frank Fritz, star of the History Channel show “American Pickers,” suffered a stroke, became incapacitated, and died on September 30, 2024, at age 60. Before he passed away, his friend, Chris Davis, became his legal guardian....more

Winstead PC

Court Reversed Summary Judgment And Held That There Was A Fact Issue On Whether The Testator Had Mental Capacity To Execute A Will

Winstead PC on

In Castello v. Ex’r of the Est. of Castello, the decedent died leaving a will that left his property to his wife “for life” and then to his three children by a prior marriage. No 03-22-00012-CV 2023 Tex. App. LEXIS 4454 (Tex....more

Warner Norcross + Judd

Appointment of a Guardian Does Not Mean That the Ward Automatically Lacks Testamentary Capacity

People frequently assume that a person for whom a guardian/conservator is appointed automatically loses the right to engage in estate planning – in other words, a finding of a need for a guardian/conservator amounts to a...more

Proskauer Rose LLP

Wealth Management Update - December 2021

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Federal interest rates increased slightly for December of 2021 but remain fairly low historically. The December Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 1.6%, which is...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – February 2021

Goulston & Storrs PC on

Testamentary Capacity at Moment of Execution of Will Is Crucial;  Testator’s General “Cognitive Decline” Does Not Invalidate Will - Haddad v. Haddad, 19-P-1378 (January 12, 2021) - Where the maker of a will has entered...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – December 2019

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The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. Goulston & Storrs is the...more

Farrell Fritz, P.C.

Executor’s Duties Before Receiving Letters

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A nominated executor is obliged to secure estate assets even before the issuance of letters testamentary, or preliminary letters testamentary (see Matter of Schultz, 104 AD3d 1146 [4th Dept. 2013]). Courts have recognized...more

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