163: Courthouse Confessions: Inside Trust and Estate Litigation

Absolute Trust Talk

In this episode of Absolute Trust Talk, managing attorney Kirsten Howe welcomes associate attorneys Jessica Colbert and Ariana Flynn to discuss common issues in trust and estate litigation. Drawing from her experience as a litigator, Ariana highlights three major themes that often arise in family disputes over estates: undue influence, lack of capacity, and complex family dynamics. These challenges can lead to costly and emotional battles over a loved one's assets, making it crucial for individuals to understand the potential pitfalls. Tune in to hear valuable insights on how to navigate these difficult topics and prepare for the future. Plus, stay tuned for our next episode, where we’ll continue this crucial conversation!

Time-stamped Show Notes:

0:00 Introduction

1:30 Ariana starts us off by sharing the most common family litigation issues.

2:45 In this segment, we discuss the most common issue: Undue Influence—what is it and how does it happen?

5:58 Not all influence is considered undue influence. If you’re as curious as we were to discover where that line is, tune in here!

6:35 Another common issue we see is a lack of capacity. Press play here to find out how this can be a major issue in estate planning.

7:30 Anyone can file a lawsuit at any time. Keep an eye out for our next episode where we’ll explore the details of such a scenario.