A fiduciary is a person who acts on behalf of another and is legally required to act in that person’s best interest. The administrator of a trust or estate is a fiduciary and owes an obligation to the beneficiaries of the trust or estate as well as the estate’s creditors. Where a fiduciary has engaged … Read more
Where negligence or other misconduct causes a death, survivors of the deceased may have a claim for wrongful death against the responsible parties. Wrongful death lawsuits can result in significant monetary awards. For instance, several wrongful death verdicts in excess of $2 million were entered in New York during 2020. However, it is important to … Read more
If a property owner dies with an outstanding mortgage that is in default, the lender will likely seek to foreclose on the property. However, it must take certain steps that vary depending on the type of mortgage, what relief is sought and whether the deceased had a will disposing of the property. The lender must … Read more
One ground which can be raised to contest a decedent’s will (or a particular bequest) is that the decedent was subject to “undue influence.” Proving undue influence is difficult. The mere fact that someone was close to the person who died and may have been in a position to exert undue influence is not enough … Read more
If you want to discourage others from challenging your will, you can use an “in terrorem” or “no contest” will clause. Such provisions provide that if someone contests your will or any of its provisions, the person forfeits what they would have received under the will. The idea is to leave a disinherited heir enough money … Read more
Trusts are generally governed by state law and as such, disputes are usually handled in state courts. However, in some situations, suing in federal court may be an option and may have potential benefits to a party.
There are several reasons why a party may want its action adjudicated in federal court: