This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Perspective

Mar. 15, 2012

Probate battles: Where there’s a will, there’s a relative

Strategies for avoiding probate litigation in intra-family conflicts. By Elaine Rushing of JAMS


By Elaine Rushing


Imagine this hypothetical situation: A mother dies, leaving her daughter 75 percent of her estate. Her son, who believed he was to receive 50 percent, contests the will. The daughter claims that their mother must have changed her will to compensate the daughter for caring for her during her last illness. The son, who was geographically distant, contends daughter alienated his mother from him and is now taking his inheritance. The daughter feels...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up