+1 862 207 3288 Discussion Answers – Wills Trusts and Estate
NO WORD LIMIT
When a person is performing the acts which constitute undue influence, it is a
subtle form of persuasion exercised over a period of time. If the matter is proved
at a trial, the will is set aside. The influencer will not receive anything from the
estate unless he was in a prior will which is reestablished by the court because the
current will is invalid. He could also receive a distribution under the intestate
succession statute. Should he be barred because of his action? Why or why not?
2. Probate litigation is the only form of litigation which does not require a summons
to obtain personal jurisdiction over a person. The petitioner only needs to provide
a formal notice sent via certified mail to the proponent of the will. (This is also
usually the personal representative) Do you think this is a correct procedure? Why
or why not?
3. Probate litigation is often called a marathon not a sprint. This is because it
normally takes about 1.5 to 2 years to get a trial date. A reason for the delay in
obtaining trial dates is that probate judges hear cases involving litigation, probate
procedures, guardianships and any other matter which may involve a deceased.
What can be done to assist the judges and help speed up the process?
