Prior to receiving a distribution from an Estate, the Executor will often require a beneficiary to sign a “Release and Refunding Bond.”
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Probate Litigation
Counsel Fees in Estate Litigation
In a recent Appellate Division Case, in the matter of the Estate of Folcher, the Appellate Division upheld an award of counsel fees to the Estate’s attorney which was very significant in nature.
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What Can I Do If Someone Takes My Inheritance?
Undue influence claims are more likely in families suffering from internal conflict, or where family members are excluded. Unfortunately, the proliferation of do-it-yourself estate planning and access to beneficiary designations has made it even easier to deprive others of their inheritance. If you are the victim of inheritance fraud you have rights and need to take immediate action to protect your inheritance.
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The Costs of Challenging A Will
The one certainty of litigation, regardless of the type, is that is it costly to all parties who participate in it. When contesting or defending a Will in the context of probate litigation, there are exceptions wherein the Estate may pay counsel fees for the defense of the Will, the party prosecuting to invalidate a Will, or for both parties. This issue is important for all parties to consider in deciding whether to contest a Will or to vigorously defend one.
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Drafting a Will for a Family Member
Often times, attorneys may be bombarded by family members or relatives with requests to provide free legal services which a family member or relative may request. One typical request might be that a family member may request if the attorney could draft a Will for them. While this may seem like a simple and good idea, it is one that could have disastrous consequences which could lead to future Estate Litigation.
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