Estate Litigation – Page 58 – All About Estates

Looking back, looking forward

Dr. Ken Shulman • December 30, 2015

At year end, we typically engage in a retrospective examination, looking back on events and trying to make sense of them. Simultaneously, there is a human instinct to make predictions as well as resolutions, both of which are notoriously unreliable. The notion of predicting the future is one that is inherent in medicine by virtue of the fundamental role of a physician to make a diagnosis, but also concomitantly a….

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Capacity Law, Contested wills, Estate Litigation, Estate Planning, Undue influence

Family Caregiver Holiday Jingle

Audrey Miller • December 29, 2015

T’was the fight before Christmas, when all families know,
It’s better to forgive than tell them to F. O.,
Mom probably liked you better, if memory serves,
So while I am a P.O.A., she will get what she deserves.
….

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Disability, Elder Care, Estate Litigation, Estate Planning, Executors, Family Conflict, Geriatric Care Management

No Second Chance to Replace Estate Trustee

Jacob Kaufman • December 28, 2015

Has the Court of Appeal written the final chapter in the long-running dispute between Erna and Hilda (two sisters who have been in litigation against each other since 2003)? I previously blogged about the Divisional Court’s ruling on an appeal of a contested passing of accounts regarding Erna’s role as attorney and estate trustee for her parents. Now, the Court of Appeal has dismissed Hilda’s latest appeal. Hilda commenced an action alleging….

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Estate Litigation, Executors

Empathy and Advocacy

Angelique Moss • December 14, 2015

Today marks the third anniversary of the Sandy Hook Elementary School massacre in Newtown, Connecticut. It is also the first time that the anniversary falls on a school day. On this date in 2012, Adam Lanza killed 20 first grade students, 6 educators, and his mother, before turning the gun on himself. Following the shootings, there was an outpouring of support for Newtown: donations of over $2.6 million, along with….

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Estate Litigation, In the News

Pre-Death POA Disputes

Angela Casey • November 26, 2015

I have no statistics on this, but anecdotally, I have had many conversations lately with fellow estate litigators who have noticed the same recent trend in their practices. That rather unseemly development is this: expectant beneficiaries no longer wait until a person is dead to start fighting over inheritance money. In more and more cases, the fights begin while the testator is still alive. A case decided earlier this month,….

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Elder Law, Estate Litigation, Family Conflict, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Trustee Disputes

Philadelphia Phillies Co-Owner in Family Feud Over Trust Funds

Michael Rosen • November 17, 2015

With the most successful Toronto Blue Jays season in recent memory now over, another Major League Baseball team was in the news for less fortunate reasons. According to an article in the Philadelphia Inquirer, Philadelphia Phillies co-owner John Middleton is in litigation involving a claim by his sister, Anna Nupson. Both Nupson and Middleton are two of the three children (a third child has remained neutral) of Herbert Middleton, a wealthy….

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Estate Litigation, Family Conflict, Trusts, Undue influence