A person who executes a valid agreement to make a testamentary disposition as to a specific item of property is precluded from making an alternative disposition, either during lifetime or upon death.

At the intersection of incorporation-by-reference doctrine in the testamentary context and trust jurisprudence are several traps for unwary estate planners and trial lawyers. The doctrine sets forth ...

In Schwartz v. Bourque, 2017 N.Y. slip op. 31621(U) (Sur. Court, Nassau County, June 14, 2017), the Court vacated a deed transferring the decedent’s interest in real property to her granddaughter, as ...

The attorney-client privilege does not survive the client’s death in post-mortem will disputes among his or her heirs, Maryland‘s top court unanimously ruled Friday in a case addressing the ...

Not all cases are created equally. During his presentation at the Heckerling Institute on Estate Planning on Tuesday, S. Andrew Pharies, partner at DLA Piper in San Diego, advised attendees to ...

Over the last several months, our courts have issued multiple decisions stemming from litigation involving claims of undue influence. Cases have emanated from courts in more than half of the counties ...

“Say not you know another entirely till you have divided an inheritance with him,” said Swiss poet Johann Kaspar Lavater. To be sure, conflicts in claiming inherited properties and sums of money often ...