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Will & Trust Contests

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It’s probably wrong to say that Will and Trust contests are the bread and butter of what we do at CT – maybe more like the meat and potatoes. Cases like this are heavy – a lot to digest. Even so, we always have more than one or two of these types of cases going at a time.

Our litigation team is firm-wide. It includes senior lawyers, young lawyers, clerks and skilled legal assistants. And that’s what it takes to manage these kinds of cases.

Typical cases involve claims of undue influence and lack of capacity. But other theories, like conversion, duress and breach of fiduciary duty are not uncommon.

It takes an experienced team to win these cases. And it takes lawyers that come from a probate background to get the best results. It’s hard to believe there are any other firms that can bring the experience and expertise that CT provides.

We’ve had some great results in really difficult cases, and we handle appeals as well.

To Read More On Will & Trust Contests, Check Out These Articles:

Bay County judge awards $1.5M for trust conversion

Bay County judge awards $1.5M for trust conversion

Feb 16, 2015 | Chalgian & Tripp

By Douglas Levy Douglas G. Chalgian said that in his nearly two decades of practicing probate litigation and elder law, he had never encountered an ...

The Top 10 Ways to Incite Anarchy When You Die

Sep 02, 2016 | Doug Chalgian

When I talk to clients about their estate planning objectives, and make suggestions as to how things might go smoother, one reaction I sometimes ge ...
lawsuits

Starting a Lawsuit in the Real World

May 15, 2015 | Doug Chalgian

One of the more frequent conversations I have with clients these days comes up with people who are considering starting a lawsuit. Because of the natu ...
Funerals and Family Fights

Funerals and Family Fights

Oct 01, 2008 | Doug Chalgian

It’s a cliché among estate attorneys: the biggest legal battles often begin with disputes about the smallest items: “who gets the mantle clock? ...

And These Blog Posts About Will And Trust Contests:

Litigation Strategies Part V: Kissing Frogs

By Doug Chalgian on Mar 10, 2016

The topic of this post is: How to gather information at an initial meeting with clients seeking representation in an undue influence case, from a lawyer’s perspective. Start with the proposition that nearly all will and trust contests, and many...

A Gold Digger Epidemic: Statistically Speaking

By Doug Chalgian on Jan 26, 2016

Statistics can be fun. One of the big statistics driving the aging industry is the reality that people are living longer than ever.  Get beneath the impressive growth of the aging population, get into some of the nuances, and see why certain issues...

Fiduciary Relationship and Undue Influence

By Doug Chalgian on Dec 17, 2015

In Re Benedetti Estate and Trust is a recent unpublished opinion from the Court of Appeals, so take it for what it’s worth. (Click on the case name to read the case.) The opinion offers an extensive discussion of a key issue in will and trust...

Rebutting Presumption of Undue Influence

By Doug Chalgian on Dec 21, 2013

It’s over – at least for now.  The Mortimore case. This is a case I have spoken and written about quite a bit for the past year. Common facts: Older gentleman.  His wife of many years dies.  New woman becomes involved. Alienates family. ...

Why the Lucid Moment Needs to End

By Doug Chalgian on May 19, 2013

There’s a case I read a couple years ago that bothers me and that I’ve been wanting to comment on it since.  It is an unpublished decision in which the trial court held that a trust amendment was invalid due to lack of capacity and undue...

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