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Will Contest

307 published works

  1. Florida Probate & Trust Litigation Blog

    Will Contests–Prediction and Prevention

    By Juan C. Antúnez

    Most trusts and estates litigators don't start out specializing in this niche, they evolve into it. They either start out as pure estate/tax planners (like me) and morph into T&E…

  2. The New York Probate Litigation Blog

    Petitioners Establish Prima Facie Case To Admit Will To Probate– But Triable Issues Of Fact Based Upon Medical Evidence Lead Appellate Division To Remand For Trial

    By Philip Bernstein

    The Matter of Lena A. Greene 932N.Y.S.2D 544 which was decided by Dutchess County Surrogate Pagones and subsequently reversed by the Appellate Division of the Supreme Court would seem to…

  3. New Jersey Law Blog

    Future Rights Under a Will May Be Given Away by Contract

    By Lewis J. Pepperman

    In the Matter of the Estate of BELVA PLAIN, Superior Court of New Jersey, Chancery Division, Probate Part, Essex County, Docket No. ESX-CP-0048-2011, decided on July 22, 2011, the question…

  4. California Trust, Estate & Probate Litigation

    Which Will Wins the Race? The Documents Required For a Proper Will Contest Lawsuit.

    By Keith A. Davidson

    There is an old saying in the law that goes “first in time, first in right.”  For Wills, the opposite is true—last in time, last in right.  Typically the last…

  5. Pennsylvania Fiduciary Litigation

    Gene Upshaw’s Will – or was it really his Will?

    By Patti Spencer

    Gene Upshaw, one-time Oakland Raiders Hall of Fame lineman and head of the NFL Players Association for 25 years, died in August 2008. He led the union through a strike,…

  6. California Trust, Estate & Probate Litigation

    The Trust and Will Shell Game: The Who, What, When, Where, and Why of Contesting California Trusts and Wills

    By Keith A. Davidson

    Trust and Will litigation is a bit of a shell game.  You remember the shell game, where a pea is placed under one of three shells and then the shells…

  7. California Trust, Estate & Probate Litigation

    Brain Power-How Personality Effects Trust and Will Contests

    By Keith A. Davidson

    You don't need to have legal experience to know that different people act in different ways to any given situation.  Especially stressful situations.  Lawsuits are very stressful for most people involved…

  8. The New York Probate Litigation Blog

    Appellate Court Re States The Difficulty Of A Will Contest

    By Philip Bernstein

    In its decision in In Re Estate Of Walker914N.Y.S.2d 379, the Appellate Division's Third Department has reminded us just how hard it can be to successfully challenge a will. The…

  9. California Trust, Estate & Probate Litigation

    May The Best Contestant Win…Contesting A California Trust vs. A California Will

    By Keith A. Davidson

    Listen to Keith A. Davidson summarize his blog post on the difference in contesting a California Trust and a California Will. Which is better—A Trust or Will if a fight…

  10. De Novo

    Appeals Granted

    By Jay O'Keeffe

    The Supreme Court granted four appeals this week: will contest, certificate of analysis, workers' comp, and asbestosis on the high seas. Summaries after the jump.   SANDERS v. COMMONWEALTH, Record…