Trust BCLP

Trust BCLP

personal representative

Main Content

Wisconsin Testator Did Not Need To Know “Mechanics” Of Will

November 14, 2011

Authors

Luke Lantta

Wisconsin Testator Did Not Need To Know “Mechanics” Of Will

November 14, 2011

by: Luke Lantta

While a testator’s desires about how property should be divided may be easy, the testamentary schemes that actually effect the disposition of that property can be painfully complex.  Aggrieved beneficiaries and plaintiffs’ lawyers often try to exploit the complexities of actually distributing the property rather than attacking the testator’s simple overall desire as to how the property should be divided.  In other words, an aggrieved beneficiary may try to claim that the testator should know the specific mechanics of how the property will be divided rather than simply understanding who gets what.

In Cychosz v. Cychosz, the testator, Stella Cychosz, had a relatively simple testamentary scheme that involved moderately complex mechanics regarding the disposition of the property.  One of the estate beneficiaries claimed that Stella didn’t have full knowledge of significant portions of her will.  The Wisconsin Court of Appeals disagreed.

Read More

Amendments to Florida Probate Rules

October 14, 2011

Authors

Luke Lantta

Amendments to Florida Probate Rules

October 14, 2011

by: Luke Lantta

In response to several Florida statutory changes that went into effect earlier this year, the Florida Bar’s Probate Rules Committee proposed certain amendments to Probate Rules 5.025 (Adversary Proceedings) and 5.240 (Notice of Administration).  On September 28, 2011, the Florida Supreme Court adopted the Committee’s proposals. 

The Florida Probate Rules have been amended as follows:

Read More
The attorneys of Bryan Cave Leighton Paisner make this site available to you only for the educational purposes of imparting general information and a general understanding of the law. This site does not offer specific legal advice. Your use of this site does not create an attorney-client relationship between you and Bryan Cave LLP or any of its attorneys. Do not use this site as a substitute for specific legal advice from a licensed attorney. Much of the information on this site is based upon preliminary discussions in the absence of definitive advice or policy statements and therefore may change as soon as more definitive advice is available. Please review our full disclaimer.