News & Analysis as of

Wills Probate Courts

Patton Sullivan Brodehl LLP

Disputed Real Property Inheritance Must Be Resolved Before Partition Action

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

Amundsen Davis LLC

Common Misconceptions in Estate Planning: Wills Avoid Probate

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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

Warner Norcross + Judd

Michigan Court of Appeals Ruling Reflects Certain Probate Court Relief is Limited to ‘Interested Persons’

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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

Mandelbaum Barrett PC

Understanding Guardianship: Lessons from Wendy Williams’ Legal Battle

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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

Winstead PC

Court Holds That Party Waived Appeal By Not Timely Appealing An Order Admitting A Will To Probate

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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

Warner Norcross + Judd

Slayer Statute — Does a Crime Committed Against the Decedent Impact Inheriting from the Decedent under Michigan Law?

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 In re Donald F. Clark Trust, Court of Appeals January 16, 2025 (unpublished).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

Fox Rothschild LLP

More on the Intersection of Family Law, Estate Law and Federal Law

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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

Mandelbaum Barrett PC

What Happens When a Minor Child Receives an Inheritance in New Jersey?

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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

Chambliss, Bahner & Stophel, P.C.

Who Gets the Iron Skillet? A Solution for Avoiding Family Conflict

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

Winstead PC

Court Held Order Requiring An Executor To Make A Partial Distribution Was Not An Appealable Order

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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

The Estate Lawyers

Divorce Need Not Ignite Estate Litigation, But Too Often It Does

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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

Husch Blackwell LLP

Planning to Avoid Fiduciary Litigation

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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

Mandelbaum Barrett PC

Navigating Probate Litigation in New York: A Comprehensive Guide

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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

Warner Norcross + Judd

Michigan Court of Appeals Clarifies Legal Standards for Interpreting Trust Agreements

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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

Warner Norcross + Judd

How Should a Personal Representative Respond When Interested Persons Disagree Over Validity of a Proffered Will?

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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

Warner Norcross + Judd

When Can the Probate Court Bypass a Nominated Personal Representative in a Will and Appoint Someone Else?

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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

Bowditch & Dewey

Tales from the Docket: Who Gets the Money When a Trust Fails?

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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

Patton Sullivan Brodehl LLP

Strict Notice Is A Must To Trigger Deadlines For Will Contests

It is a standard requirement in Probate Court disputes that the parties strictly adhere to the rules regarding notice of relief sought to all potential heirs and beneficiaries. The recent decision of Bailey v. Bailey...more

Downey Brand LLP

Hey, That’s Also My Turf! Contract Claims Involving Estates May Be Litigated in Federal Court

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Exactly where a court’s jurisdiction begins and ends is a question that has long irked our judicial system. One muddle is the extent to which federal courts, as opposed to state courts, can decide disputes involving a...more

Winstead PC

Court Affirmed An Order Holding That A Deceased Astronaut’s Artifacts Were His Separate Property

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In Bean v. Bean, a dissenting co-executor sought relief from a probate court regarding whether certain assets were separate property or community property. No. 05-21-00286-CV, 2022 Tex. App. LEXIS 9058 (Tex. App.—Dallas...more

Downey Brand LLP

Home Is Where You Lay Your Sombrero – Spouse Who Lives Abroad Cannot Serve as Administrator of Husband’s Estate

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Here’s another reason (uno más in Spanish) to create and properly execute a will. If your spouse or other trusted designee lives out of the country when you die, he or she won’t be eligible to administer your California...more

Rivkin Radler LLP

Wendy and Jen Wreck the Movies: Elizabethtown (2005), or “Sharing is Caring, Don’t Keep Your Final Wishes a Secret”

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Drew Baylor is a wildly successful athletic shoe designer for Mercury Sportwear until his world is turned askew when one of the shoes he designed is accused of having a design flaw. Mercury announces a recall; Drew becomes...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - June 2022

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This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more

Downey Brand LLP

Are an Estate Planner’s Notes Protected by the Attorney Work Product Doctrine?

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California law is surprisingly unclear as to whether the notes of an estate planning attorney are protected from discovery by the attorney work product doctrine. This can become a big issue in a will or trust contest when the...more

Winstead PC

Court Affirms Decision That Executor Applicant Was Unsuitable For That Position

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In In the Estate of Johnson, an applicant to be an independent administrator appealed a court’s decision to not appoint him due to his being unsuitable. No. 02-20-00133-CV, 2021 Tex. App. LEXIS 7138 (Tex. App.—Fort Worth...more

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