Probate
Jan. 24, 2025
Lis pendens: The probate litigator's power play--with a risky twist
The Newell decision confirms that a petition challenging trust amendments and claiming a constructive trust can justify a lis pendens, providing probate litigators a valuable tool, though motions to expunge remain a risk.
In the arsenal of the probate litigator, the lis pendens is a useful tool. First, the lis pendens can be used to prevent trust assets from being taken or dispersed while litigation is pending. The lis pendens clouds title, making it difficult for the record owner to obtain a loan secured by the property or to sell the property. Second, recording a lis pendens against property that is the subject of probate litigation can be a useful way of applying pressure on the holder of t...
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