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Archive for the ‘Will contests’ Category

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 [...]

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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 [...]

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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 [...]

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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 [...]

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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 [...]

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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.”  [...]

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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 [...]

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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 [...]

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Estate, trust and probate litigation often involves allegations that elderly adults’ estate planning desires were not carried out after their deaths (either by someone’s intentional acts or negligence), or that those elderly adults were taken advantage of and their estate planning desires were thwarted while they were still living (albeit without their knowledge or consent).  [...]

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Earlier this month the Arkansas Court of Appeals ruled in an appeal from the Crawford County Circuit Court that the trial judge did not err in denying a motion to dismiss and finding that the statutory formalities for execution of a will had been satisfied.  Specifically, in Baxter v. Peters, No. CA 09-594, a dispute arose between [...]

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