Will Challenges are becoming more common. Whether it is the result of the much-vaunted and long-heralded wealth transfer between generations, the aging of society, or an American inspired litigious approach to sorting out life’s inevitable disputes, Will Challenges will likely only increase in quantity and complexity. Laying the groundwork for a Will Challenge is obviously […]
While fully capable, a person has the right to grant powers of attorney to a family member or close personal friend. Once a person becomes incapable of managing his/her property, or making personal care decisions, the appointed attorney(s) can act in his/her place. Attorneys for property or personal care are governed by the Substitute Decisions
Will and Power of Attorney (“POA”) challenges are becoming more common. Whether it is the result of the much-vaunted and long-heralded wealth transfer between generations, the aging of society, or an American inspired litigious approach to sorting out life’s inevitable disputes, these court challenges will likely only increase in quantity and complexity. Laying the groundwork
Motions for summary judgment are powerful tools in the arsenal of any litigator. However, until relatively recently such motions were generally regarded as beyond the reach of, or not available to, the estate litigator. That reality has changed and there are now “new facts on the ground”. This paper will address summary judgment motions. After
The recent case of Rooney Estate v. Stewart Estate serves to highlight the “distinct” but complimentary” roles of the estate trustee and the estate solicitor. The case makes for interesting reading and addresses a smorgasbord of issues that are all too common. A Smorgasbord of Issues between an Estate Trustee and His Solicitor by Justin
