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). [...]
Archive for the ‘Will contests’ Category
Arkansas Court Of Appeals Affirms Trial Court’s Ruling In Will Contest
Posted in Recent Arkansas appeals, Will contests, tagged appeal, Arkansas Supreme Court, Crawford County, will contest on December 12, 2009 |
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 [...]
Videotaping As Possible Way To Preclude Estate, Trust & Probate Litigation
Posted in In the news, Interpretation of wills/trusts, Will contests, tagged beneficiary, conflict of interest, estate, estate planning, Michael Keaton, My Life, Nicole Kidman, trust, Wall Street Journal, will on December 8, 2009 |
You may remember a movie from 15 or so years ago called “My Life,” starring Michael Keaton and Nicole Kidman, in which a terminally ill man films a video for his unborn child to watch after the man passes away after a fight with cancer. The father essentially wanted the child to know who the father [...]
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 |
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 |
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 [...]
