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Bruce R. Bryan

Wills / Trusts

WILLS AND TRUSTS

 Appeals involving Wills and Trusts are often complex and have a significant bearing on the distribution of an estate.

 

Wills

 For example, a party may challenge the validity of the Will or the manner in which the estate was distributed. There may be an issue on the power and capacity of the person who made the Will. The mental condition of the testator may be at issue. Parties may challenge whether the formal requirements for the making of a Will were met. Sometimes a person alleges that the Will was made through fraud, duress, undue influence, or mistake. Issues can arise regarding whether the Will was revoked, or whether there are more recent Wills or Codicils. Issues can arise regarding the construction and interpretation of a Will.

In addition, an appeal may challenge whether the trial court properly conducted proceedings relating to a determination of the Will. A person may claim that a fiduciary, such as the executor or executrix of the Will, did not properly perform their duties under the Will. There may be a claim that the executor did not properly ascertain or liquidate assets. Claims may be made that there had been an improper accounting. Evidentiary issues may also become issues on an appeal.

 

Trusts

 Appeals involving trusts have many of the same types of issues as appeals involving Wills. For example, a party may challenge the validity of the Trust, including whether it was properly created. A party may challenge the construction and interpretation of the Trust instrument. There may be issues regarding whether the trustee has properly performed his or her duties under the Trust. A trust beneficiary may challenge the manner in which the Trust was administered, including the manner in which trust funds were invested. Issues may arise regarding invasion of the Trust principle. Issues may involve modification, revocation, cancellation, or termination of the Trust.

 

Contact Appeals Lawyer Bruce R. Bryan

Appeals lawyer Bruce R. Bryan has the background and experience to handle your appeal involving a will or trust. With more than 20 years as an appeals lawyer, Mr. Bryan has handled a variety of civil appeals.

In addition to his full-time practice as an appeals lawyer, Mr. Bryan is an Adjunct Professor of Appellate Advocacy at Cornell Law School, an Ivy League law school. He also teaches other lawyers about appeals to federal and state appeals courts. Mr. Bryan has appeared before state appeals courts, federal circuit courts of appeal and the Supreme Court of the United States.

To retain Mr. Bryan to handle your will / trusts appeal, or a case in one of his related areas of practice, please contact him at his office in Syracuse, New York by calling 315-280-8790 to request a consultation.

 

 

B. Bryan, "Defendant's Guide to Criminal Appeals, Review & Parole in New York," (2005)


Guide to Criminal Appeals, Review & Parole in New York | Bryan Criminal Appeals Lawyer NY

The object of appellate advocacy is to persuade. The winning advocate focuses the court on the strength of your case. Read More

Cornell Adjunct Professor of Law


Guide to Criminal Appeals, Review & Parole in New York | Bryan Criminal Appeals Lawyer NY

As an adjunct faculty, Professor Bryan teaches "Advanced Persuasive Writing and Appellate Advocacy" to second and third year law students at Cornell Law School. Read More