Estate Litigation Archives | Page 3 of 6

Conflict of Interest of a Trustee Who is Also a Trust Beneficiary

Written by Thomas Upchurch | November 10, 2016

Can a Trustee Also Be a Beneficiary in Florida? The short, technical answer is “yes.” Nothing in Florida law prohibits a beneficiary of

What Does a Personal Representative Do If There Aren’t Enough Funds to Pay Class 8 Creditors?

Written by Thomas Upchurch | January 08, 2016

First, the Personal Representative Attorney would determine which assets are probatable. For instance, if there was a homestead that the decedent still claimed

Probate Litigation: Impose Constructive Trust Over Proceeds of Sale of Real Estate in a Will Contest

Written by Thomas Upchurch | November 07, 2015

In a 2015 Nebraska case, an attorney-in-fact sold real estate prior to the decedent’s death in order to obtain a one-third share of

Probate Litigation: Are Damages Under Chapter 400 Action Limited to Those Under the Wrongful Death Act?

Written by Thomas Upchurch | November 02, 2015

"In matters of truth and justice, there is no difference between large and small problems, for issues concerning the treatment of people are

Probate and Trust Litigation: Undue Influence And Voracity Leaves Third Spouse Empty Handed

Written by Thomas Upchurch | October 30, 2015

Today’s estate planning entails a mixed family of children from previous marriages and previous spouse’s entitlement to portions of life insurance policies, real

Trust Litigation: Did a Designated Trustee Properly Decline Trusteeship?

Written by Thomas Upchurch | October 27, 2015

From time-to-time I’m hired to handle a Trust administration for a client. There are times when a settlor may choose a corporate trustee

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