Topic
Will Contest
307 published works
Illinois Attorney Referrals and Legal Guidance
Illinois Probate Law – Can Anyone Contest A Will?
Under Illinois law, if you die and have a will (or die without a will or trust), the process of legally transferring your assets is called probate. Now there are…
Florida Probate & Trust Litigation Blog
What’s it mean to challenge the “validity” of a will and why does it matter?
Declaratory judgment actions can be uniquely useful tools for probate practitioners; they're expressly authorized by statute in F.S. 86.041, F.S. 86.021, and F.S. 736.0201(4)(f), and they're exceptionally flexible, often providing…
O'Neil, Cannon, Hollman, DeJong & Laing S.C. Articles
Anne Heche’s Will Contest: A Cautionary Tale
The circumstances involving Anne Heche’s estate are a stark reminder of the uncertainties that may exist following the death of a loved one and the issues that can arise even…
Blaneys Appeals
COURT OF APPEAL SUMMARIES (OCTOBER 3, 2022 – OCTOBER 7, 2022)
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions Good afternoon. Following are this week’s summaries of the Court of Appeal for Ontario for the week of October…
The Fiduciary Litigator
Court Affirmed Admission Of Will To Probate Over Challenges To Testimony Based On Lack Of Medical Training By A Non-Medical Witness And From An Anesthesiologist
In In re Estate of Aldrete, a decedent’s son from a first marriage had a 1981 will admitted to probate, which left real property to him. No. 04-20-00426-CV, 2022 Tex.…
New Jersey Law Blog
Red Flags Indicating a Potentially Invalid Will
When considering whether to contest a decedent’s Last Will and Testament, an individual should consider whether red flags might be present which may point to a successful basis to challenge…
NY Estate Law Blogroll
Can I contest a will? Estate of Jimmy Pearson
By Jason Stern
As an experienced NY will contest lawyer with two decades of experience successfully contesting NY attorney drafted wills I can say the answer is yes. However, I must also warn…
New Jersey Law Blog
Counsel Fee Award When Contesting A Will
In general, the party tasked with defending a decedent’s Will during a Will contest, which is typically the executor, is entitled to the reimbursement of counsel fees that they incur…
New Jersey Law Blog
Defending a Will Contest
If you are the named executor of an Estate, there is the possibility that an action may be brought to challenge the validity of the Will which named you executor.…
New York Probate Lawyer Blog
Did You Know that Will Proponents and Contestants Pay for Costs to Contest a New York Will?
Contesting a Will in New York involves many different rules of law and procedures. The Estates Powers and Trusts Law (EPTL) and the Surrogates Court Procedure Act (SCPA) provide various…