Topic
Will Contest
307 published works
Florida Probate & Trust Litigation Blog
Will Contests–Prediction and Prevention
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…
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
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…
New Jersey Law Blog
Future Rights Under a Will May Be Given Away by Contract
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…
California Trust, Estate & Probate Litigation
Which Will Wins the Race? The Documents Required For a Proper Will Contest Lawsuit.
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…
Pennsylvania Fiduciary Litigation
Gene Upshaw’s Will – or was it really his Will?
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,…
California Trust, Estate & Probate Litigation
The Trust and Will Shell Game: The Who, What, When, Where, and Why of Contesting California Trusts and Wills
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…
California Trust, Estate & Probate Litigation
Brain Power-How Personality Effects Trust and Will Contests
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…
The New York Probate Litigation Blog
Appellate Court Re States The Difficulty Of A Will Contest
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…
California Trust, Estate & Probate Litigation
May The Best Contestant Win…Contesting A California Trust vs. A California Will
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…
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…