Gifts, Generosity or Undue Influence? is the first of a series of posts that we're calling - for lack of a better title - Famous Estate Cases. We think there's nothing quite as instructive about probate, wills, estates, disinheritance, undue influence and so everything else we write about  than re...

A parent starts a company with a friend, maybe even a few friends. It does well, grows, prospers, is there for future generations. The parent dies, the company – for tax and other reasons – goes into a trust and the trustee is a business partner. Sometimes the beneficiary works in the business, ...

This is a serious question that we get a lot: ‘when are estates closed?’ When is it finally done, wrapped up, no longer susceptible to challenges, no longer managing assets? A pretty important question, really, for trustees, beneficiaries, and interested parties on the outside looking in. Whil...

There is, according to the New York Times, a current epidemic of disinheriting across the U.S. It revolves around elder abuse, but not how you’d expect. Not physical abuse, but psychological. It’s been brought to the forefront by the Sumner Redstone case we’ve posted about on Facebook. Redst...

Think Watergate, Wills, Trusts, Executors, Trustees, fees and Watergate have nothing in common? Think again. All the President’s Men showed reporters Bernstein and Woodward frustratingly stymied as they tried to run down the story of a lifetime. At the low point of the Washington Post’s investi...

[caption id="attachment_1544" align="alignright" width="357"]  [/caption] The OKC Thunder’s season isn’t over, it’s just moved to another court – Probate. Fresh off their almost historic playoff run – beating the historically good Spurs, taking the historically great Warriors to a sevent...

An Undue Influence estate case could easily be the next big FX show, picking up right where The People vs. OJ Simpson left off. Or, I can easily envision a weekly show – CSI-like – where a team of intrepid investigators are brought in by disinherited families to prove undue influence. The defin...

We deal with probating poorly written wills and trusts fairly often; we deal with disinherited heirs even more. It’s interesting, rewarding work, but it never occurred to us that it was interesting enough for a movie plot. Until someone reminded us of this: Ned Racine was a nice guy, very much la...

A Codicil Too Far

Paul Getty was not shy about letting the world know he was its richest man. He was also renown as a miser. In the Ebenezer Scrooge way. He reveled in the fact that the guest rooms in his English estate had payphones. When his grandson was kidnapped in Italy in the early 70’s Getty first refused to...

Aggressive Action Against a Silent Executor

What happens when an executor or administrator has gone silent and despite your best efforts will not communicate with you. You've called. You've sent letters. You even tried certified mail. And yet, you receive no response. You begin to get a little suspicious. Why would the executor or administra...

Will contest

  There are many types of disputes that could erupt when settling an estate, and one common type of dispute is a will contest. A will contest happens when one party files a will for probate that another party does not agree with. There could be any number of reasons why someone believes a w...

Last will and testament

In part one of this series, we looked at the implications when the deceased leaves a last will and testament. In this second part, we will discuss the differences when there is no last will and testament. Without a Will When no will is left by the deceased, it will often require more coordination ...

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