Undue influence disputes[1] often involve no allegations of overt fraud, coercion, or incapacity, instead turning on the fairness of transactions that occur within confidential relationships. A recent Mississippi Court of Appeals’ decision[2] provides a clear illustration of how courts analyze these disputes and why the burden imposed on a beneficiary who occupies a position of…
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A Mississippi Court of Appeals decision in a recent case illustrates what happens when personal conviction meets the weight of evidentiary rules.[1] The case had voluminous testimony and detail, yet it closes with a simple conclusion. No matter how genuine the belief that a later Will existed, Mississippi law demands clear proof that the document…
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Estate disputes often rest on a fragile balance between testamentary intent and certain legal safeguards that protect vulnerable testators from improper third-party influence[1]. A recent decision[2] by the Mississippi Court of Appeals highlights this delicate balance and provides commentary on Mississippi’s treatment of undue influence, the role of witness credibility, and the evidentiary burdens faced…
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The Mississippi Supreme Court recently revisited the intersection of family law and probate.[1] The decision offers a reminder that alimony obligations, while enforceable during a recipient’s life, remain subject to statutes of limitation and proper crediting principles that can determine whether an estate owes anything at all. The case at hand offers an interesting twist…
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What rights do creditors have to a beneficiary’s interest in an irrevocable trust? There are a number of misconceptions related to this common question, and further, the law varies from state-to-state. However, there are some generally applicable concepts to consider in determining whether a creditor can access the rights of a beneficiary to an irrevocable…
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On September 18, 2025, the Mississippi Supreme Court issued its opinion in In re Estate of Herbert Bernard Ivison, Jr. (No. 2024-CA-00421-SCT), affirming the Scott County Chancery Court’s decision to deny Malouf & Malouf, PLLC’s attempt to recover past-due compound interest on unpaid legal fees.[1] The ruling in the instant case provides helpful guidance on…
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Clients often ask about the protections that their children and/or other beneficiaries of their estate plan possess, particularly when discussing their fiduciary appointments and the safeguards in place to ensure such fiduciary fulfills their duties to the beneficiaries. While the specific discussion and citations in this article are limited to rights of beneficiaries in Mississippi,…
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Litigation involving estates and trusts, while sometimes impossible to avoid, is usually exhausting to all parties involved, especially given that such litigation is often among family members and/or is following the death of a loved one. Alternative dispute resolution (“ADR”) is an alternative to traditional litigation, encompassing various methodologies, including mediation and arbitration, aimed at…
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