Turning off the Tap: When should an incapable person bear the costs of contested litigation over his or her care?

Historically, a party’s legal costs for estate litigation were generally paid from the estate, rather than by the parties involved. However, the attitude of the court has changed significantly over the past few years. Any party involved in estate litigation can no longer expect that their costs will be paid out of the estate – … Continued

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The Modern Approach to Costs in Estate Litigation

Once upon a time, it was thought that costs in estate litigation could usually be expected to come from the estate.  On the one hand, this gave parties with limited resources access to the machinery of the justice system, knowing that their legal fees were likely to be reimbursed at the end, win or lose.  … Continued

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Heads Up! You’ve got a Deal: Prince v. Nytschyk Estate

In Estates litigation, it is not uncommon for parties to be close to settlement, but are stymied by haggling over the exact terms of the minutes of settlement (or contract) and the delays by the exchange of drafts back and forth, between the parties’ respective lawyers. This begs the question: at what point is the … Continued

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