Bar Exam Toolbox Podcast Episode 226: Listen and Learn -- More Contract Defenses
How Should We Celebrate Elder Law Month?
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
Undue influence occurs when an influencer uses improper influence (e.g., coercion, mind-poisoning, manipulation, threats) to cause the victim to execute a document that they would not have done, but for the undue influence....more
David F. Johnson participated in a panel presentation entitled “The Baby-Boomer Generation & The Largest Succession of Wealth in History: The New Frontier in Asset Recovery?” for the Offshore Alert Miami Conference on April...more
California trust and estate disputes often feature claims by one sibling that another gained a larger share by unduly influencing a parent. When there are factors suggesting undue influence, who should bear the burden of...more
Producers, writers, and reporters have long been fascinated with high-stakes wealth, estate and trusts, and shareholder disputes. Whether tragic or comic, the drama between clients, families, business partners, as well as the...more
Last week the California Supreme Court used a conservatorship case to clarify how appellate courts should review the sufficiency of evidence when the trial court applied the clear and convincing evidence standard. In...more
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses the enforceability of arbitration, forum-selection, and jury-waiver clauses in trust and will disputes as well as other related issues associated...more
No contest clauses are included in wills and trusts to discourage dissatisfied beneficiaries from challenging the document’s validity. Because enforcement of these clauses results in disinheritance, the California Probate...more
Mental incapacity and undue influence are the most common theories used to try to invalidate wills, trusts and beneficiary designations in California and elsewhere. Occasionally, the subject in a trust and estate dispute has...more