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The most common grounds for contesting a last will and testament in the probate court are:Mental Incapacity (See Part 1). Undue Influence (See Part 2). Improper Execution of the Will (See Part 3). Revocation of the Will (See Part 4). While these are the most frequent...
The U.S. Sixth Circuit Court of Appeals released their opinion in U.S. v. Chicorel, No. 17-2321, slip op. (6th Cir. Oct. 25, 2018) and held that the federal government satisfied the ten-year statute of limitations on tax collection when it filed a proof of claim in a...
A last will and testament only takes effect upon the death of the testator. Until that moment, the testator is free to amend, revoke or replace the document at his or her total discretion. Whatever is in place at the time of death will be deemed to be the testator's...
There is no question that the Internal Revenue Code is complex. Becoming familiar with the thousands of pages it contains, along with accompanying treasury regulations and Tax Court decisions, is a daunting task for even tax professionals to keep up with. However,...
Sometimes, we hear about someone who won their court case "on a technicality". This usually means that someone was able to prevail in their argument not because of the merits but because of the application of some other legal rule. A person who was seriously injured...
A "U-turn" is the act of performing a 180-degree rotation of a motor vehicle on a public road to reverse the direction of motion. As a motorist, it can be jarring to watch another vehicle suddenly slow down, cross the median, completely change direction and proceed...
A frequent challenge to the execution of certain documents or instruments in civil court is that the grantor was "unduly influenced" to do so. In probate court, undue influence is often asserted when family members accuse other family members or actors of manipulating...
Most people mistakenly believe that reckless driving is a civil infraction punishable by a fine like any other speeding ticket. In reality, reckless driving is a misdemeanor offense (or a felony offense depending on the circumstances) and can result in probation,...
Estate planning is often a priority that falls towards the bottom of the list for most people. Death seems so far away and unimaginable when you are in your prime and thinking about career, family and your next vacation. However, it suddenly becomes a priority when...
A squatter is an individual that occupies an abandoned or unoccupied area of land or a building that he or she does not own, rent or otherwise have a legal possessory interest in. Someone can become a squatter by breaking into an abandoned home and simply staying...