Date & Time: Tuesday, October 8, 2024 from 4:00 p.m. to 6:00 p.m. ET
Webinar Fee: $65

This program is online only and will be recorded. Anyone who registers will receive a link to the video recording.

Panelists:

Hon. George Phelan, Probate & Family Court

Lisa Cukier, Esq., Partner, Rubin & Rudman LLP

Jennifer Laucirica, Esq., Partner, Rubin & Rudman LLP

Heather Reid, Esq., Partner, Squillace & Associates, P.C.

Molly Soiffer, Esq., Partner, Bove & Langa

Estate and trust litigation arise when there is a dispute over the distribution of a deceased person's assets. These disputes commonly occur for several reasons when the decedent's intentions are frustrated by intervening acts, or do not align with their formal estate plan as drafted, or are unable to be carried out due to existing disposition of assets on death, such as the following causes.

Common Causes of discrepancies:

• Outdated or Inconsistent Estate Plans: Life changes such as marriage, second/third marriage, divorce, or the birth of children, existence of a divorce related separation agreement, prenuptial and postnuptial, changes in estate planning attorneys that may result in inconsistent documents, changes in the law, or the failure to update beneficiary designations after divorce, may not be reflected in or accounted for in the decedent's estate plan.
• Ambiguities and Inconsistencies in Wills or Trusts: Poorly drafted documents can lead to different interpretations of the decedent’s wishes.
• Undue Influence: A decedent may have been coerced or influenced improperly while creating or modifying their estate plan, even where the decedent did not suffer from a physical or mental impairment.
• Failure to execute burial instructions can lead to uncertainty and family disputes, particularly with blended families.
• Estate planning with business interests: failure to address significant changes in the ongoing financing and operations of a business at the time of succession.
• Actions taken by the Attorney-in-Fact pursuant to a DPOA that frustrate the operation of Decedent’s Will or Trust.

Legal Grounds for Litigation:

• Mistake, error or omission: Failure to account for facts and existing documents
• Lack of Testamentary Capacity: the decedent did not have the mental capacity to create a valid will or trust.
• Fraud or Forgery: Claims that the will or trust is a result of fraud or has been tampered with.
• Undue Influence: Asserting that the decedent was pressured into making decisions that do not reflect their true intentions.
• Breach of Fiduciary Duty: Executors or trustees may be accused of failing to act in the best interests of the beneficiaries.

Resolving Discrepancies:

• Mediation and Arbitration: Alternative dispute resolution methods to avoid lengthy and costly court battles.
• Settlement Negotiation
• Non-judicial settlement agreements
• Litigation: Taking the matter to court to have a judge determine the rightful distribution of assets.
• Petitions for Instruction
• Petitions for Declaratory Judgment
• Petitions for Reformation