Someone dies. A family member signs a release agreement giving up their claims to the estate. Later, that same person discovers what they believe is a newer will naming them as the sole beneficiary. Can they ignore the release they signed and pursue their claim to the estate? This scenario plays out more often than...KEEP READING

Property disputes often arise when someone claims to be an heir of a deceased person who died many years earlier. The claimant asserts rights to real property based on alleged parentage. No probate estate was ever opened, so this isn’t technically a probate litigation case. No court has ever determined heirship. The property has changed...KEEP READING

Estate planning documents frequently contain seemingly simple terms that later spawn disputes. A will leaves someone “the house” or “the farm” or “the real property.” Years pass. The testator sells parts of the property or receives notes as payment. The testator dies. Beneficiaries argue about what passes under the will. Some claim the testator meant...KEEP READING

Insurance companies maintain extensive files documenting their handling of claims. These files contain correspondence with insureds, investigation reports, adjuster notes, and communications with attorneys. When disputes arise about how insurers handled claims, plaintiffs naturally want access to these files through discovery. Insurers resist by asserting various privileges. The attorney-client privilege protects confidential communications between lawyers...KEEP READING

Death creates an immediate freeze on a debtor’s obligations. Creditors who held enforceable claims against the living person must now navigate the probate system to collect what they’re owed. The process requires following specific procedures within strict timeframes. Missing a deadline or failing to check the right box can transform a valid debt into an...KEEP READING

When someone agrees to serve as executor of a loved one’s estate, they usually expect some paperwork and a few decisions about distributing assets. Most people don’t anticipate that years later they could lose their position, forfeit substantial compensation, and face allegations of serious misconduct. The role carries significant responsibilities that extend far beyond simply...KEEP READING