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Will and Trust Contests

Caregiver’s Effort to Replace Trustor’s Daughter as Beneficiary Thwarted

The California Court of Appeals has overturned a probate court decision that had favored an elderly man’s caregiver over the rightful trustee and beneficiary, his daughter. The case centers on the validity of trust amendments and the strategic use of lis pendens, i.e., constructive notice of a lawsuit that affects possession of real property. This ruling reinforces the need to protect clients, particularly vulnerable people, against undue influence, and ensure that there is a source for potential recovery with the procedural safeguards provided by a lis pendens. Clients can feel more secure knowing that the law presumes transfers to caregivers are scrutinized for potential fraud, and that beneficiaries have a stronger legal standing to challenge suspicious amendments to trusts.

Music Legend’s Family Bears the Weight of Estate Feud Centered on Financial Abuse and Incapacity Claims

Robbie Robertson, famously associated with Bob Dylan, left his own mark as founder of legendary band, The Band, and through his solo work and his many movie scores. Inducted into the halls of fame in the U.S. and his native Canada, Robertson died in August 2023 at the age of 80 after living with prostate cancer for several years. His death triggered a legal battle over his estate, primarily between his three children from his first marriage, Alexandra, Delphine, and Sebastian Robertson, and his second wife, Janet Zuccarini. The children allege that Zuccarini financially abused Robertson to inherit a greater part of his estate, coercing him to sign documents that were against his intentions while his health and mental capacity were declining. Estate planners and attorneys can learn much from this unfortunate case.

Family to Receive Inheritance After Defeating Estate Challenges 

We are proud to announce a confidential settlement in favor of our client, a family that was embroiled in estate litigation involving disputes over a considerable inheritance and allegations of incapacity. Our team rocked, making sure the heirs will receive hundreds...

Family Asks Judge to Remove Trustee for Neglecting Critical Responsibilities as Fiduciary

A California judge is weighing a petition to remove the trustee of a family trust for a list of reasons that serves as a reminder about the obligations and fiduciary duties of a person assigned this important role. According to the petition, the trustee has neglected her responsibilities in several categories, i.e., asset distribution, communications with beneficiaries, accounting and record keeping, and collecting all benefits due to the trust.

The Importance of Formal Communications When Amending Trusts

A recent appellate case serves as a valuable lesson for both estate planners and beneficiaries about adhering to formal procedures when making changes to a trust. The court found that the mere exchange of emails was insufficient to execute this important task.

Hyatt Heirs’ $200M Home Owned by Trusts, Excluded from Divorce

Hyatt Heirs’ $200M Home Owned by Trusts, Excluded from Divorce The Pritzker family, primarily known for the Hyatt Hotel chain valued at $15 billion, is one of the richest in the country. Eleven Pritzkers are billionaires and one is the governor of Illinois. They are also known for the prestigious Pritzker Prize in architecture. After more than 30 years of…

Divorce Need Not Ignite Estate Litigation, But Too Often It Does

Divorce Need Not Ignite Estate Litigation, But Too Often It Does By Amy L. Gostanian and Carl Jones Certain life events demand that estate planners work with client testators to adjust their estate plans. Divorce and remarriage are at the top of that list. When matrimony devolves into acrimony – setting the stage for expensive and counterproductive “scorched earth” litigation…

From Rags to Riches to Estate Litigation

Tony Bennett’s family in conflict over alleged undue influence. Renowned and beloved singer Tony Bennett was diagnosed with Alzheimer’s Disease in 2016 and died in July 2023 at the age of 96. Bennett’s net worth was substantial. It was estimated he had made more than $100 million during his career, but his estate at the time of his death was…

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