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Changing trustees when the trust instrument lacks a portability clause

Today, portability clauses in trust instruments are relatively common and for good reason. Individuals die and corporate fiduciaries merge

A common theme here is that undue influence cases tend to be very fact specific. Last month, in Mays v. Porter, the Kentucky Court of Appeals gave us

Not surprisingly, in Estate of Burnett, the Michigan Court of Appeals reaffirmed that a guardian or conservator can file a complaint for divorce on

In Estate of Boyar, the Supreme Court of Illinois had an opportunity to address an important question of Illinois trust law: whether the "doctrine of

We've previously noted that litigation involving powers of attorney is popular right now. Powers of attorney take on particular importance in undue

Those reading this blog probably have the same understanding of the word "estate." And we probably assume everyone else has that same understanding

Not surprisingly, in Hankins v. Bartlett the North Carolina Court of Appeals ruled that a contract between a husband and wife to make and keep in

In many jurisdictions, the existence of a confidential relationship can turn an undue influence inquiry on its head. That's because the existence of

When it comes to so-called 'rejected' adopted children, many of us are most familiar with the outrage in 2010 when a Tennessee woman sent her adopted

James R. Franta named Roberta Peery as the personal representative of his estate. But a Minnesota district court determined that she was "unsuitable"