Blog Archives

An executor lacks standing in litigation involving the estate until the will has been probated

Posted in *All Posts, Divorce, Equitable-distribution, Litigation, Probate

In probate actions, a party has standing to challenge the probate of a will or a lifetime transfer of assets because of undue influence, if he or she is a beneficiary, either testate or intestate

Posted in *All Posts, Litigation, Probate, Standing, Undue Influence, Will & Testament

An executor’s obligations

Posted in *All Posts, Probate, Will & Testament

Where parties enjoy a relationship in which confidence is naturally inspired or reasonably exists, the person who has gained an advantage due to that confidence has the burden of proving that no undue influence was used to gain that advantage

Posted in *All Posts, Probate, Undue Influence, Will & Testament

When an executor or trustee commits the pernicious tort of undue influence, it should result in an award of all reasonable counsel fees and costs

Posted in *All Posts, Counsel Fees, Probate, Undue Influence, Will & Testament

Estate attorneys who wrongfully drive up litigation costs may be held liable to the beneficiaries of the estate

Posted in *All Posts, Attorney-client-relationship, Estates, Litigation, Probate, Trusts, Will & Testament

The attorney representing the executrix has a duty to conserve the assets of the estate for the heirs

Posted in *All Posts, Attorney-client-relationship, Estates, Probate, Trusts, Will & Testament

Not all influence is “undue” influence

Posted in *All Posts, Probate, Undue Influence, Will & Testament

A stated intention to leave property to a child does not constitute an enforceable contract

Posted in *All Posts, Agreements, Contracts, Gifts, Last Will & Testament, Will & Testament

In the absence of directions to the contrary, taxes shall be apportioned to transferees in proportion to the assets they received

Posted in *All Posts, Last Will & Testament, Probate, Taxes, Will & Testament

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