Constructive Trusts

Probate litigation has changed drastically in the last several decades, particularly as nonprobate transfers have become an increasingly important way of moving assets from one generation to the next. For such transfers involving wrongdoing, though, traditional arguments of lack of intent to make a gift, lack of capacity and undue influence are by themselves not always enough to get the job done.

Probate litigation has changed drastically in the last several decades, particularly as nonprobate transfers have become an increasingly important way of moving assets from one generation to the next. For such transfers involving wrongdoing, though, traditional arguments of lack of intent to make a gift, lack of capacity and undue influence are — by themselves — not always enough to get the job done. It may be particularly appropriate and useful also to assert constructive trust claims.

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