Estate litigators arguably see more probate contests than any other type of conflict. While the details are always unique, they almost always include allegations that someone unduly influenced the decedent to change his or her will to either disinherit, or favor, a particular person. These cases also often include an allegation — which is usually contested — that the purported influencer was in a “confidential relationship” with the decedent. The frequency of such claims beg the questions (1) what exactly is a “confidential relationship,” and (2) what is the practical benefit to an objectant in establishing that one existed? Jaclene D’Agostino addresses these questions in our latest entry.
Latest Post
More Posts
Ademption Results from Attorney-in-Fact’s Sale of Specifically Bequeathed Asset
Appellate Division Upholds Equitable Extension of Slayer Rule
Potential Conflict of Interest Insufficient to Disqualify Nominated Fiduciary
Infants as Parties to Stipulations of Settlement in Surrogate’s Court Proceedings
Validity of Decedent’s Marriage the Focus of Application to Vacate Stipulation of Settlement
Was it a Convenience Account?
19 Year-Old Instrument Denied Probate as Ancient Document
What is a Constructive Trust?
Exception to the American Rule: Shifting Objectants’ Legal Fees to the Surcharged Fiduciary
Subscribe: Subscribe via RSS
Firm/Org