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Probate Litigation Archives

Robin Williams' widow, children at odds over clause in his trust

The more assets you have, the more complicated it may be to figure out how to distribute your stuff after you pass away. Even a deeply considered and carefully prepared estate plan cannot prevent all possible disputes between beneficiaries during probate.

Family of NBA, NFL owner sues over change in estate plan

A testator making significant changes to his or her estate plan late in life is often a cause for concern, especially for beneficiaries whose share of the estate has been reduced or eliminated. They may wonder if a new beneficiary is manipulating the testator, whose mental capacity may be compromised by dementia or other illnesses.

Parents fighting over son's remains, 4 years after his death

Not to be morbid, but death can happen at any time. Younger adults in their 20s and 30s often do not create an estate plan, especially if they are not married or do not have any children. They usually expect to live for many, many years, and in most cases they do.

Sherman Hemsley's will upheld despite half-brother's challenge

Even when a person expresses his or wishes clearly in their estate plan, there may be a challenge in probate court after he or she dies. This is most likely to happen when the estate the decedent left behind is substantial, or when the decedent is a prominent person.

How can undue influence invalidate a will?

Going through probate allows the decedent's will to be executed according to his or her wishes -- if there is not a successful challenge to its validity. The probate process also allows people who believe they were wrongfully denied beneficiary status, or were given less than they believe the decedent actually intended, to contest the will.

Church loses probate appeal, won't get $100K gift

While you are alive, you can change the terms of your estate plan. This reflects the fact that as the years pass, people come in and out of your life, and your priorities may change. However, if you are not careful about how you amend your will, beneficiaries who now will receive less -- or nothing at all -- may challenge the new will when the time comes for your estate to go through probate.

Claiming household exemption in Florida can be tough for some

Florida remains a popular place to retire for many people from out of state. Some people with sufficient means choose to split their time between two homes: autumn and winter in Florida, spring and summer further north.

4 reasons a will can be challenged

Not every estate administration goes smoothly after a person passes away. Even if the decedent worked with an estate planning attorney to create a clear, comprehensive plan to dispose of his or her possessions, there could be a challenge from someone who feels that he or she was wrongfully excluded from the will or trust.

In probate, even what to do with the remains can be a fight

It is important that your estate plan be as comprehensive as possible, to make your wishes for distributing your property as clear as possible. You can also designate someone to have power of attorney in case you are ever incapacitated, and draw up a health care directive to control the extent of the medical treatment you would receive in such an event.

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