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Review of Reviews: “Probate Litigation,” University of Illinois Law Review (forthcoming 2022)

David Horton, professor, University of California-Davis, School of Law in Davis, Calif. and Reid Kress Weisbord, vice dean, professor of law and Judge Norma L. Shapiro Scholar at Rutgers Law School in Newark, N.J.

There’s a widely held belief among estate planners and probate litigators that the oppressive costs and time delays associated with probate litigation actually incentivizes individuals to bring meritless will contests just to obtain unwarranted settlements. In their forthcoming article, “Probate Litigation,” authors David Horton and Reid Kress Weisbord challenge this concern about what they call “strike suits.” The authors assert that this long-held fear of what they refer to as

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