Challenging a Will

Patricia Malley of Burns & Levinson

Patricia Malley of Burns & Levinson

Typically, when couples put together an estate plan, they do so jointly with a single attorney representing both spouses. It is more cost-efficient, allows for open discussion with all parties, and ensures there are no conflicts within the estate plan …

My Stepmother Inherited Everything. What Can I Do?

Losing a parent is difficult. Beyond managing your personal and emotional wellbeing, you may need to settle their affairs and handle certain administrative tasks. But what do you do if your parent left everything to their partner – your stepparent …

I Was Omitted From a Will. Can I Sue?

Grieving the death of a friend or family member is hard enough. Imagine the compounded feelings of realizing that an inheritance you had been promised or otherwise believed would be coming is not materializing. You were omitted from your loved …

Lack of Capacity - The Basics

smith capacity 2Lack of capacity is, perhaps, the most common ground relied upon for challenging a will, trust, lifetime transfer, or beneficiary designation.  In addition to standing alone as a claim, it is often intertwined with claims of undue influence, discussed in …

Undue Influence – The Basics

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Editors’ Note: Starting in March, Beyond the Will will focus on one broad topic each month. Each week, a different author will post a new insight on the matter. Our posts in March will investigate the grounds for challenging a

Requirements of a Will in Form and Execution

MalleyEditors’ Note: Starting in March, Beyond the Will will focus on one broad topic each month. Each week, a different author will post a new insight on the matter. Our posts in March will investigate the grounds for challenging a