Family Conflict

Total 254 Posts

Buffy the Vampire (Slayer Rule)

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Halloween is right around the corner, so today’s blog post is taking an ominous turn. Informal Reader Poll: What’s scarier? a) A horror movie that’s been remade three times b) Having to remake a client’s will for the third time Now to the fun stuff….. There’s a general principle in law and public policy that no advantage may be gained from one’s own wrongdoing. Some relevant examples are: The Slayer….

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Capacity Law, Contested wills, Estate Litigation, Family Conflict

Preservation Orders in Estate Litigation

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Estate litigators are very familiar with unique and interesting fact patterns and it is helpful to be reminded that unusual circumstances may warrant the use of somewhat uncommon remedies. Rule 45 of the Rules of Civil Procedure is one such remedy, which provides for the interim preservation of property and can be utilized in an estate proceeding to preserve and even seize property. Rule 45 reads as follows: 45.01 (1)….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict

Celebrating New Beginnings

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Last Monday was Labour Day which signifies back to school and end of summer. It is a time of new beginnings, setting goals and starting new projects. Today is the first day of the Jewish New Year, another fresh start for those who celebrate. For many who may not attend synagogue, it may still be recognized and celebrated with family sitting down together for a festive dinner. Traditions continue and….

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Elder Care, Family Conflict, Uncategorized

Estate Trustees and Costs of Litigation: Try not to take it personally?

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In the work I do, I am asked to provide expert testimony to support litigation. In some cases, I am often quite surprised to what extent parties will continue to litigate matters that appear to be “no-wins” or for small dollar amounts. Depending on the circumstances, parties have taken the personal brunt of litigation costs that may far exceed the amount in question, due primarily to their own intransigence. A….

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Attorney Compensation, Contested wills, Costs, Estate Administration, Executors, Family Conflict, Liability, Property, Trustee, Trustee Disputes, Uncategorized, Wills

My Summer Vacation

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One of my favorite routines on my annual summer vacation is to read the local news. Regular readers of this Blog may not be surprised that the story which caught my eye this summer was about an Estate.   Richard M. Grant, a life-long farmer, known as the “The Corn King” and “The Bean Baron of Maine”, passed away in February 2017. According to the Portland Press Herald (“the Herald”), Grant’s….

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Contested wills, Estate Litigation, Family Conflict, In the News, Uncategorized

Yesterday I watched the US Open and Thought About My Dad

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This original post was from a few years ago. It does seem like only yesterday because, while time has not stood still, sometimes our sentiments don’t change. The event and message is the same. It is a few years later and there is a new US golf champion. We still however miss those who are no longer around. It was hard not to know that yesterday was Father’s Day. Signs,….

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Elder Care, Family Conflict
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