Inheritance and succession laws dictate the distribution of an individual’s assets when they die without a will. This is also known as dying intestate. Each state in the United States sets its own laws, so they can vary greatly. Our discussion today reviews some of the rules for distributing...read more
Understandably, many find estate planning difficult, since it requires you to consider what happens when you die. You may think you do not need to plan for your estate until you are older, especially if you do not own much property. So why is estate planning important? With a...read more
The family thought that singer Aretha Franklin had died in 2018 with no will. Then, months after her death a handwritten document was found in a notebook under a couch cushion. It seemed to be a holographic will. Handwritten Will Governs Estate of Singer Her family thought that she...read more
The students of Westminster Choir College and its former faculty can proceed with their claims against Rider College as the trustee for a trust holding the Princeton property where the school operated until 2017. Recent legal battles have been prominent for Westminster College. In two recent court cases, the...read more
Probate actions, including the acceptance of a will, may be decided by the Chancery judge in a summary manner without live testimony. But where there is a dispute about the facts surrounding the presentation of an unsigned will, the objecting parties should be given an opportunity to take discovery...read more
Changes of beneficiary designation forms that were incomplete and rejected by the investment firm could not be resurrected by the concept of substantial compliance, the Appellate Division holds in affirming a trial court’s dismissal of claims by grandchildren. Beneficiary Change Form Was Missing Account Numbers and Rejected by Investment...read more
In an estate dispute between the biological son and second wife of the deceased party, an appellate court in New Jersey affirms the award of approximately $250,000 in late charges and attorneys’ fees for failure to make the distributions required by a settlement agreement. The court rejects the argument...read more
One of the first issues that frequently accompanies the discovery of a new will, or a will with unanticipated provisions, is whether the testator had the mental capacity to create the document. The Mental Competence of a Family Member When the Will was Made May be Contested The capacity...read more
The beneficiary of a trust who had participated in a settlement that allowed the sale of his mother’s house was blocked from later claiming that he still had an interest in the property. His attempt was blocked by application of judicial estoppel, which prevents a party from taking inconsistent...read more
Can a will impose an agreement to arbitrate on the beneficiaries of the estate? And if the will can make that condition, will it apply to a demand that the executor provide an accounting of what is in the estate? That was the question presented in a dispute involving...read more
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