Estate Litigation

Total 415 Posts

Foreign Executors Must Be Careful to Follow the Rules

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A recent decision of Justice D. M. Brown, Re Estate of Albert Applegath III, provides an overview of the necessary steps a foreign executor must take to have her authority recognized in Ontario. Albert Applegath III died a resident of New Mexico. His will appointed his wife, Clavis, as executor of his estate. After applying to the New Mexico district court, Clavis was granted “Letters Testamentary” appointing her as the….

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Estate Litigation, Fiduciary Professions, Home-Left, Home-Right, International

Ontario Court of Appeal Considers When is a Gift Not a Gift

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In McNamee v. McNamee, the Court of Appeal reviewed the essential ingredients of a legally valid gift. The issue on appeal was whether 500 common shares in the family business, which had been transferred to Mr. McNamee Jr. constituted a gift for the purposes of s. 4(2) of the Family Law Act.

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Estate Litigation, Succession Planning, Wills

Rosa Parks’ Estate Tied Up in Litigation as Her Memorabilia Goes to Auction

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Almost six years after her death, the estate of civil rights hero Rosa Parks is still being litigated. Court pleadings recently filed with the Michigan Supreme Court reveal details over the fight for control over her estate.

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Contested wills, Estate Litigation, Estate Planning, Executors, Trustee, Trustee Disputes, United States, Wills
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