One common thread running throughout this blog since its inception has been the issue of competency, i.e., the ability of a person to make informed decisions. Conflicts often arise when ill or elderly people are claimed to have made signficant decisions regarding disposition of their property shortly before they died—sometimes the decision will be legitimate, the culmination of some long, thought-out [...]
Archive for the ‘Rights of beneficiaries’ Category
Arkansas Court Of Appeals Rejects Cousin’s Attempt To Set Aside Gifts To The Decedent’s “Yardman”
Posted in Interpretation of wills/trusts, Powers of attorney, Recent Arkansas appeals, Rights of beneficiaries, Will contests, tagged competency, deceased, impairment, incompetent, mental capacity, power of attorney, quitclaim deed, revocable trust, undue influence, will on March 13, 2010 | Leave a Comment »
Court Rules Testator Was Not Under Insane Delusions When He Revoked His Will
Posted in Interpretation of wills/trusts, Recent Arkansas appeals, Rights of beneficiaries, Will contests, tagged Arkansas lawyer, intestacy, intestate, revocation, revoke, will, will contest on February 25, 2010 | Leave a Comment »
It has been estimated that well over 1/2 of all Americans do not have a will. I personally know many attorneys that do not even have a will, even though virtually every Arkansas lawyer passed a bar examination covering wills and trusts and more than likely also took a decedents’ estates class in law school. Whether [...]
Court Rules Handwritten Note Found By Deceased’s Mother Did Not Result In Change Of IRA Beneficiary
Posted in In the news, Interpretation of wills/trusts, Recent Arkansas appeals, Rights of beneficiaries, Will contests, tagged arkansas, Court of Appeals, handwritten, holographic, IRA, will on February 11, 2010 | Leave a Comment »
As previously discussed on this Blog, a common fact scenario in estate, trust and probate lawsuits involves an eleventh-hour change in a dying person’s final wishes regarding their property. Quite often the last-minute decision appears legitimate, although occasionally there is an aura of suspicious facts and circumstances surrounding the event which arises to the level of an “inheritance theft.” [...]
UPDATED: Dispute Erupts Over Wealth Of Deceased Billionaire Shopping Mall Developer
Posted in Duties of executors, In the news, Interpretation of wills/trusts, Misappropriation of assets, Rights of beneficiaries, Will contests, tagged Baby Boomer, Bren Simon, Central Arkansas, Melvin Simon, Park Plaza Mall, Parkinson's, shopping mall, Simon Property Group, trust, University Mall, Wall Street Journal, wealth war, will on January 29, 2010 | Leave a Comment »
Pretty much anyone who has lived in Central Arkansas over the last few decades has been aware of if not actually visited University Mall in Little Rock’s midtown area. While it used to be the hot spot for shopping many moons ago, in more recent years it became better known for its empty stores and the litigation that resulted from disputes [...]
Removal Of An Executor (Personal Representative) From An Estate Under Arkansas Law
Posted in Breach of fiduciary duties, Duties of executors, Misappropriation of assets, Rights of beneficiaries, tagged administer, arkansas, asset, beneficiary, conflict, conflict of interest, debt, distribute, estate, executor, fiduciary, good faith, heir, intestacy, intestate, letters, manage, passed away, personal representative, probate, property, removal, remove, testamentary, will on January 9, 2010 | Leave a Comment »
As previously discussed on this Blog, an executor, also known as a personal representative, is a person who is charged with the responsibility of administering an estate after another person has passed away. They will typically do things like collect and inventory the deceased’s assets, manage the property, pay the debts, and distribute property according to [...]
New Book And Television Series Coming Out About Estate, Trust & Probate Battles
Posted in Breach of fiduciary duties, In the news, Misappropriation of assets, Rights of beneficiaries, Will contests, tagged book, conspiracy, documents, estate, fortune, fraud, lawsuit, money, movie, probate, prominent, television, Trial And Heirs, trust, TV on December 3, 2009 | Leave a Comment »
The estate, trust, and probate disputes and lawsuits that one reads about in the newspapers and which we commonly see in our law practice can seem like a television or movie drama. Common threads running through these battles frequently include prominent characters in the community, tales of large sums of money flying around, allegations of complex conspiracies, questions regarding [...]
Avoiding Estate, Trust & Probate Litigation
Posted in Accounting actions, Breach of fiduciary duties, Duties of executors, Duties of trustees, In the news, Interpretation of wills/trusts, Misappropriation of assets, Rights of beneficiaries, Self-dealing, Will contests, tagged Abraham Lincoln, beneficiaries, bypass, distribution, estate litigation, estate planning, fraud, intentions, no-contest, probate litigation, surprise, trust department, trust litigation, trusts, U.S. News, undue influence on November 30, 2009 | Leave a Comment »
Since one of my areas of practice is estate, trust & probate litigation, it is obviously not in my economic self-interest to counsel against getting involved in this type of litigation in the first place. However, first and foremost is a lawyer’s duty to his or her client, which while sometimes involves filing or defending a [...]
Michael Jackson’s Father Making Push For Allowance And Say-So In Deceased Son’s Estate
Posted in Duties of executors, In the news, Interpretation of wills/trusts, Rights of beneficiaries, tagged allowance, challenge, children, control, duties, estate litigation, executor, litigation, michael jackson, probate litigation, will on November 11, 2009 | Leave a Comment »
At my house we just started giving allowances to our kids so long as they do certain chores around the house, and hopefully the experiment will teach them a number of lessons including personal responsibility, teamwork, the value of hard work, budgeting, saving, etc. Each of our children will receive one dollar (per year of their age) [...]
Legendary College Football Coach’s Son Sues Stepmom Over Trust Obligations
Posted in Accounting actions, Breach of fiduciary duties, Duties of trustees, In the news, Rights of beneficiaries, tagged accounting, arkansas, assets, beneficiary, college, conference, confidentiality, football, gamecocks, mallett, michigan, petrino, razorback, schembechler, south carolina, trust, wolverine on November 8, 2009 | Leave a Comment »
We’re in the heart of the 2009 college football season and the Arkansas Razorbacks are having a better year than last year under second-year Coach Bobby Petrino (thank goodness), although losing against the Florida Gators a couple of weeks ago still stings. Transfer Ryan Mallett had a fantasic game yesterday against the South Carolina Gamecocks, and it [...]
