Topic
Will Contest
307 published works
New Jersey Law Blog
Battle Between Two “Wills”
During a Will contest, there is often the possibility that a Will, which was executed prior to the one which is disputed by the parties, may become relevant during the…
Florida Probate & Trust Litigation Blog
Tax Court: Is a beneficiary’s claim to a distributive share of the estate tax deductible?
While we know what the federal estate tax rules are until the end of 2012, what happens in 2013 and beyond is anyone's guess. Under current law the estate tax exemption…
New Jersey Law Blog
Referring Out a Will Contest to Avoid a Conflict of Interest
It is only natural that when a Will is challenged that either a beneficiary under the Will or the Executor of the Will may seek representation from the attorney who…
Florida Probate & Trust Litigation Blog
2d DCA: If a probate will contest and a civil trust action involving the same facts are both pending, is the right answer to “abate” one of the cases or “consolidate” them into a single trial?
Relinger v. Fox, --- So.3d ----, 2011 WL 439428 (Fla. 2d DCA Feb 09, 2011) There are a number of reasons why a case may be abated and proceedings suspended.…
New Jersey Law Blog
Intestacy in a Will Contest
In this blog, we will examine what effects, if any, a finding of intestacy may have when a party is seeking to invalidate a Will. I discussed in previous blogs…
The New York Probate Litigation Blog
Appellate Court Upholds Obtjections To Probate In Spite Of Waiver
The Supreme Court's Appellate Division recently upheld New York County Surrogate Nora Anderson's decision in the probate proceeding of Rosalin E. Melnick 942N.Y.S.2D 45 (A.D. 1Dept 2012) which denied a…
Florida Probate & Trust Litigation Blog
What’s the standard for setting aside a will on “insane delusion” grounds?
In a case concerning the “insane delusion” question, a mother thought that her daughter, Gail, had only visited her once in 11 years. The mother wrote her daughter an e-mail…
Tax, Trusts & Estates Law
Including A “No-Contest” Clause In Your Will May Prevent A Battle Over Your Estate
You can generally use your Will to distribute assets as you see fit, but the possibility of a Will contest looms whenever you make an uneven or unexpected distribution. For…
New Jersey Law Blog
How to Invalidate a Decedent’s Will Based Upon Undue Influence
A beneficiary may seek to challenge the validity of a Will based upon an allegation of undue influence at the time the decedent created the Will. Generally speaking, this means…
Salmonella Blog
Salmonella Sushi in Alabama, Arkansas, Connecticut, D.C., Georgia, Illinois, Louisiana, Maryland, Massachusetts, Mississippi, Missouri, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Texas, Virginia, and Wisconsin
A total of 93 individuals infected with the outbreak strain of Salmonella Bareilly have been reported from 19 states and the District of Columbia. The number of ill people identified in…