Probate
and trust litigation is fostered by the elemental human forces
of death, greed, familial animus as old as the Bible, and the
success of medical technology in prolonging life beyond the
patience of heirs. Disputes regarding the validity of the will
or trust, the capacity of the testator, or any other disagreement
in the management of a decedent’s estate can lead to probate
or trust litigation. A will is intended to reflect the intentions
of the decedent, but these intentions may be unclear at times.
A trustee must follow the terms of the trust, but trustees sometimes
act inappropriately. Disagreements may arise as to how and when
funds are to be disbursed or enjoyed. Trust litigation can also
arise when trust funds are mismanaged.
Litigation
involving trust and estate matters often involves an emotional
element not present in most other legal disputes and often involve
the element of vindication for a perceived wrong that occurred
during the decedent's lifetime. Money sometimes can serve as
a consolation in these disputes, but rarely is satisfactory.
Litigation over wills and trusts and elder abuse is complicated
by the jurisdictional complex of probate remedies and rules,
the options of probate and civil jurisdiction, and the minefields
sown by the taxing authorities, restrictive deadlines, and ethical
prohibitions.
The
Dead Hand Writes - And Having Writ, Moves On Drafting &
Litigating No Contest Clauses
-John A. Hartog
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Tax
Issues in Settling Trusts & Estates Litigation
-John A. Hartog
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PDF
Fresno
- Rethinking No Contest Clauses
-John A. Hartog
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PDF
Lack
of Court Involvement and Emotion Fuel Trust Litigation
-John A. Hartog
Trust
Law: Procedural Nuances Can Trip Up Attorneys New to the Game
-John A. Hartog
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