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Trusts & Estates Breaking News
Modifying a Revocable Trust in California: What does “Provides Otherwise” Really Mean?
On February 8, 2024, the California Supreme Court released its decision in Haggerty v. Thornton (CA 2024) S271483, addressing the methods for modifying a revocable
Alabama Classifies Embryos as Children for Wrongful Death Act Purposes
Alabama, like many states, has a statute providing for civil recovery for the death of a minor. In Alabama, that statute is the Alabama Wrongful
Inheritance Rights of Children Conceived After Death
Reproductive technologies have created any number of questions unheard of under existing law. Many states have enacted statutes to anticipate these issues, none more so
Florida Probate Guide
Can You Appeal an Order Removing a Personal Representative for Breach When Damages Not Determined?
Probate cases are not simple winner-take-all trials, where a judge or jury determines whether someone is liable for something and awards damages. Instead, probate matters
Can you Fix an Invalid Homestead Bequest in Florida?
Florida’s homestead laws are tricky. A homestead is defined in the Florida Constitution, at Article X, as a primary residence sitting on 160 acres of
In Trombino v. Echeverria, a September 21, 2022 opinion from the Florida Fourth DCA, the court reversed an order entered in a trust dispute restricting
California Probate Guide
Substantial Benefit Doctrine As A Basis For Fees In California Probate
The substantial benefit doctrine permits a California probate court to award attorney’s fees to a party if the party’s efforts in the litigation result in
Electronic Wills In California
Existing California law does not yet include a law providing for electronic wills, although proposed legislation exists. California law generally requires that a will be
In Estate of Wall, the California Court Of Appeal, Third Appellate District, analyzed the intersection of the Family Code and Evidence Code in a probate
Texas Probate Guide
Successful Undue Influence Triple Will Contest In Texas
The Court of Appeals of Texas, Eighth District, El Paso, in In re Estate of Scott, affirmed a jury’s finding that three wills were signed
Jury Trials In Texas Trust Actions
In the Matter of Troy S. Poe Trust, the Texas appellate court determined that jury trials are available in trust modification actions to to ascertain
Removal of a Texas trustee can occur for a variety of reasons. Some of the grounds are obvious, like the trustee became incapacitated or failed
New York Probate Guide
Foreign Wills In New York Probate
A foreign will is a will that is executed in another state or another country. A foreign will can be admitted to probate in New
Assets Acquired By Estate After a Decedent’s Death Must Pass Under New York’s Intestacy Laws
In Matter of Keough , a June 17, 2021 opinion from the New York Appellate Division, Fourth Department, the Court considered whether assets acquired by
New York Court: No Confidential Relationship Leads To Reversal of Undue Influence Finding
One of the basics of an undue influence challenge to a New York will or trust is establishing the existence of a confidential relationship. Once
Breaking Legal News
Selective prosecution is an almost impossible defense to prove as a defense to a crime. There are a myriad of reasons why one person might
New York City Sues Texas Bus Companies Over Migrant Transport
New York City has brought suit against bus companies for dropping off migrants from Texas into the City. Read the complaint. Read the Mayor’s press
New York Times sues Microsoft and Open AI for Copyright Infringement in AI
The New York Times has sued Microsoft and OpenAI for copyright infringement based on the output results from AI results. Read the complaint here. Some
