Blog Archives

In the Matter of the Estate of Polak

Posted in *All Posts, Probate, Will & Testament

A parent may lose his or her right to intestate succession if the parent abandoned the decedent when he or she was a minor

Posted in *All Posts, *Published case, Loss of Parental Rights, Parental Rights, Probate

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

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

Notions of issue and claim preclusion are not always tightly applied in probate matters

Posted in *All Posts, Entire Controversy Doctrine, Litigation, Probate, Will & Testament

Except in a weak or meretricious case, courts will normally allow counsel fees to both proponent and contestant in a will dispute

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

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

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