A couple of quick things before I head off to celebrate the end of 2010 and the beginning of 2011: (1) The Wills, Trusts & Estates Prof Blog contained an interesting quote today from the French Enlightenment writer, historian, and philosopher Voltaire, who lived about 300 years ago, which goes to show that the subject [...]
Archive for the ‘Will contests’ Category
Random Odds And Ends
Posted in In the news, Will contests on December 31, 2010 |
Mediation As An Alternative To Inheritance Litigation
Posted in Breach of fiduciary duties, Improper investments, Interpretation of wills/trusts, Misappropriation of assets, Rights of beneficiaries, Self-dealing, Will contests, tagged ADR, alternative dispute resolution, arbitration, confidential, court, docket, estate litigation, mediation, mediator, probate litigation, trust litigation on October 31, 2010 |
Lawsuits are not the only way to resolve disputes, and arguably are not even the best way. Litigation can be financially expensive, time-consuming, and emotionally tolling. Especially in the context of estate, trust and probate litigation, the disputes often involve persons who know each other, including relatives, friends, and business associates. Accordingly, in addition to the expenditure of money, [...]
Inheritance Hijackers: Who Wants To Steal Your Inheritance And How To Protect It
Posted in Breach of fiduciary duties, Duties of executors, Duties of trustees, Misappropriation of assets, Rights of beneficiaries, Self-dealing, Will contests, tagged assets, beneficiary, fiduciary, inheritance, Inheritance Hijackers, inheritance theft, litigation, Protect Your Estate, Robert Adamski, trust, victim on August 6, 2010 | 1 Comment »
At the recommendation of a client, I have recently started reading a fascinating book entitled Inheritance Hijackers: Who Wants To Steal Your Inheritance And How To Protect It (Ovation Books 2009) written by a Florida attorney named Robert C. Adamski. The book is primarily written for beneficiaries and potential beneficiaries of an inheritance. Mr. Adamski’s book sets forth an extensive [...]
Update On Gary Coleman Estate Dispute
Posted in Duties of executors, In the news, Misappropriation of assets, Will contests, tagged Dana Plato, Diff'rent Strokes, Gary Coleman, misappropriation, Todd Bridges, trust fund on June 30, 2010 |
As a child of the 1980′s, I grew up watching Diff’rent Strokes like most people my age. A white, middle-class kid growing up in Oklahoma, I did not have much in common with two African-American orphaned children from Harlem taken in by a rich Park Avenue businessman, but the show constantly had me laughing, especially when Gary Coleman [...]
Federal Appeals Court Rules Against Estate Of Pinup Anna Nicole Smith, “Widow” Of Elderly Texas Billionaire
Posted in Duties of executors, In the news, Interpretation of wills/trusts, Rights of beneficiaries, Will contests, tagged Anna Nicole Smith, Ninth Circuit Court of Appeals, probate court, will contest on March 21, 2010 |
One of the longest-running estate and trust battles on record added another chapter with the Ninth Circuit Court of Appeals’ recent ruling in the saga involving Anna Nicole Smith, now deceased, and her estate’s attempt to claim a chunk of her former husband’s billion-dollar fortune. Specifically, Anna Nicole, stripper-turned-Playboy model-turned-pop-celebrity, married elderly oil magnate J. Howard Marshall in [...]
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 |
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 [...]
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 |
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 |
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.” [...]
Billionaire’s Former Lover’s Shenanigans Fail In Will Contest
Posted in In the news, Interpretation of wills/trusts, Misappropriation of assets, Will contests, tagged arkansas, executor, fiduciary, Nina Wang, Tony Chan, trustee, will contest on February 7, 2010 |
Most estate and trust conflicts for which our law firm is retained, either to represent the fiduciary (executor, trustee, etc.) or the beneficiary to whom the fiduciary duty is owed, involve anywhere from several hundred thousand dollars to several million dollars. The fact is that the substantial time and expense associated with litigating smaller amounts in dispute can often [...]
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 |
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 [...]
