Estate of Conflict

Our blog on the risks, precautions, and realities of estates and trusts litigation

Latest from Estate of Conflict

A beneficiary of an estate or a trust has the right to review the actions of the executor or trustee by asking for an accounting.   To be prudent, an executor or trustee should provide the beneficiary with updates on the status of the estate or trust.  First, an inventory should be provided soon after the commencement of the estate or trust followed by an informal accounting which details the disposition of assets and the payment…
Before one considers filing an undue influence claim seeking to set aside a change in a Will or a recent transfer which reduces his or her share in an estate, there are a number of important factors to consider. In order to address the obvious proof problems in filing such a case, Courts have created a presumption of undue influence where there exist certain factors such as a confidential relationship between the testator/donor and the…
The transfer of wealth from the elderly has become the subject of heightened judicial scrutiny over the last several years, and this trend will only grow with the aging of the population.  Part of the issues faced by courts surround the use of a power of attorney and the potential for abuse of that power.  A power of attorney grants legal authority to an agent to make decisions on behalf of the principal.  A power…
From Esau, who rashly traded his birthright to his twin brother Jacob for a cup of soup, to King Lear’s ill-conceived plan to leave his riches to only two out of three daughters, family dynamics can lead to estate problems. Any one — or more — of the following six situations can easily lead to a court battle for control if the scenarios are not properly addressed during the estate planning process: 1. Multiple marriages…
Spare Your Heirs the Guitar Man’s Fate: Three Tips for an Estate Plan That Silences Arguments Over Family Heirlooms When Grateful Dead front man Jerry Garcia died in 1995, he left his custom guitars to the man who made them. But Douglas Irwin, who built the guitars known as Eagle, Wolf, Tiger, Wolf Jr. and Rosebud, ran into opposition from the remaining members of the band and was forced to file suit to take possession…