Probate Litigation Archives

Trust Litigation | Choose Your Battles Wisely

Written by Thomas Upchurch | December 07, 2020

Are you thinking of litigating your family trust over venue or based upon who was selected as trustee(s)? Before you jump into litigation,

A Will Contest in a Summary Administration with Original Codicil Destroyed

Written by Thomas Upchurch | February 22, 2016

Do you know a loved one whose estate planning documents disappeared due to one of the family members being left out of the

Probate Litigation: Is There a Way to Remove the Court-Appointed Guardian of my Father?

Written by Thomas Upchurch | February 14, 2016

It depends upon whether or not the court-appointed Guardian has violated any of the 21 reasons to remove a Guardian under section 744.474,

The Wave of the Future: Contest Joint or Payable on Death Accounts Due to Undue Influence

Written by Thomas Upchurch | February 02, 2016

As the wave of more savvy and legally informed individuals choose alternate methods to avoid costly probate, litigation will likely sway toward joint

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

Daytona Legal Blog