Estate Litigation

Total 413 Posts

Pre-Death POA Disputes

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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

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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

New Tax Rules to Hyphenate Estate Litigation – a Defacto “36 month limitation period”?

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There has been a fair amount of discussion about the new rules starting January 1, 2016, and the  tax treatment of charitable gifts after the death of an individual will change significantly. What about the impact on estates that are in litigation? Now, when a gift is made “by will” to a qualified donee  the gift is deemed to have been immediately prior to the death of the individual with….

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Charitable Giving, Estate Litigation

Gifting and Incapacity – A Cautionary Tale

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Parents are living longer and gifting money to their children before they die or by way of a last minute will. Distrust and disbelieve inevitably arise. The courts are called upon more and more to settle family disputes with all of the attendant rancor and costs. The case of Foley v. McIntyre helps sorts out some of the legal issues. ….

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Estate Litigation, Estate Planning, Joint Tenancy, Succession Planning, Testamentary Capacity

Privacy Rights, Public Access and Sealing Orders

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Litigants in estates proceedings are sometimes concerned that sensitive and private information – though relevant to the court proceedings – will be made publicly available once filed with the court. Litigants may wonder whether that information can be kept “under wraps”. Indeed, our courts retain the ability to prevent information and documentation from being available to the public; the provisions restricting public access to hearings and documents are found in sections….

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Estate Litigation
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