Topic
Estates
91 published works
Paul W. Mollica Federal Courts Blog
Federal Case That May Require Assessing Damage to Decedent’s Estate Assets Not Barred by the Probate Exception to Federal Jurisdiction, Holds First Circuit
In Glassie v. Doucette, No. 21-1761 (1st Cir. Dec. 5, 2022), the First Circuit reverses dismissal of a civil action on federal subject-matter jurisdiction grounds, holding that the so-called probate…
Archer Estate & Trust Litigation Law
Subject Matter Jurisdiction Not Found by District Court of New Jersey
Andrews v. Holloway, No. 95-1047, 2022 WL 6816758 (D.N.J. Oct. 11, 2022) This case deals with subject matter jurisdiction regarding an estate matter in federal court. The court referred to…
Wills, Trusts & Estates Prof Blog
New Edition of Wills, Trusts, and Estates–Examples & Explanations Published
Wills, Trusts, and Estates: Examples and Explanations covers intestate succession, wills, trusts, estate administration, nonprobate assets, wealth transfer taxation, disability and death planning (including elder law concerns), and malpractice and…
Wills, Trusts & Estates Prof Blog
Masterworks by Cezanne, Van Gogh, and Gauguin Are Among the Treasures From Paul Allen’s $1 Billion Art Collection
Microsoft co-founder Paul Allen left behind a $1 billion art collection when he passed. Several pieces from his collection are headed to auction at Christie’s New York, which will take…
Wills, Trusts & Estates Prof Blog
Woman who says she’s Charles Manson’s sister withdraws from dispute over his estate
Nancy Claassen, who claims to be cult leader Charles Manson’s sister, has backed out of a dispute over his estate. Claassen’s withdrawal was granted, however, it is possible for her…
New York Attorney Malpractice Blog
A $70 Million Loss and Now Legal Malpractice
Davis v Farrell Fritz, P.C. 2022 NY Slip Op 00399 Decided on January 26, 2022 Appellate Division, Second Department deals with fraud in very big numbers. Dismissal under CPLR 3211…
Wills, Trusts & Estates Prof Blog
The American College of Trust and Estate Counsel Elects 12 New Regents to Board of Regents
The following is from an ACTEC press released dated March 19, 2021:The American College of Trust and Estate Counsel (ACTEC) today announced that 12 new Regents were elected to its…
The Fiduciary Litigator
Court Holds That Holographic Will Was Not Valid As There Was No Signature
[caption id="attachment_1456" align="alignright" width="211"] Selected by Texas Bar Today as a "Top 10 Blog Post"[/caption] In In the Estate of Hohmann, the decedent died without leaving an executed will, but…
The Fiduciary Litigator
Court Affirmed Finding That Testator Had Capacity To Execute A Will, Was Not Unduly Influenced, And That The Appointment of Co-Executors Was Appropriate
In In the Estate of Flarity, a son of the testator challenged the trial court’s probating of a 2004 will and the appointment of two of his siblings, named in…
Wills, Trusts & Estates Prof Blog
Whitney Houston estate considering legal action over late singer’s scrapped hologram after it debuts in variety show without permission
Whitney Houston's new hologram surfaced last month and the people behind it may be facing legal action. The hologram was originally set to debut on the 2016 finale of the…