Maryland Will Contests 2026 (Paperback)

Maryland Will Contests 2026 (Paperback)

Maryland Will Contests 2026 (Paperback)
Caveat litigation in Maryland remains a complex, highly specialized procedural world that requires precise navigation. This Second Edition of Maryland Will Contests provides lawyers and judges with a coherent, unified guide to the procedural and substantive rules governing will challenges. From initial standing hurdles to intricate fact-finding, transmission, and complex fee structures, this treatise turns an arcane topic into a clear, strategic handbook.

Why This Treatise Is Essential for Your Practice

  • Revolutionized Powers of Special Administrators: Gain an exhaustive analysis of how the Appellate Court of Maryland rewrote the legal landscape in Estate of Castruccio v. Castruccio (2020). Overturning decades of practitioner assumptions, the text details how Castruccio mandates that special administrators wield all the litigation authority of a personal representative—including the right to engage counsel and defend caveat proceedings without advance court approval.
  • Orphans' Court Judicial Qualifications: The text details the strict professional mandates requiring judges in Baltimore City, Baltimore County, and Prince George's County to be bar members in good standing, while mapping out the layout of lay judge systems across other counties.
  • Heightened Procedural Formality & Title 2 Integration: Master the definitive retreat from historical orphans' court "informality." Includes updates on the absolute right to move for summary judgment under Rule 2-501, standard protocols for discovery, and post-judgment motion practice utilizing Rules 2-534 and 2-535.
  • Comprehensive Core Coverage & Evidentiary Proof: Balance courtroom utility with thorough legal analysis. Guide your clients through the special limited jurisdiction of the orphans’ ourt, a mandatory six-month limitations period, and substantive challenge grounds like forgery, mental incapacity, insane delusions, fraud, and the seven Moore factors of undue influence. Plus, untangle complex proof problems regarding the Dead Man's Statute and the temporary nature of attorney-client privilege.
  • Specialized Hurdles, Appeals & Financial Mechanics: Tackle specialized challenges including elder financial abuse, post-mortem family interventions, and the enforceability of in terrorem ("no-contest") clauses. Break down the three distinct avenues of probate appeal, the Final Judgment Rule, and the financial mechanics of caveat litigation—from establishing a "benefit to the estate" to interim fee petitions.
  • Product Details

    • Format: Paperback
    • Author: Paul Raschke and Jeffrey Nusinov
    • Pages: 136
    • Publication Date: 2026

    PRESALE ONLY. ITEM EXPECTED TO SHIP LATE JULY 2026

    You are purchasing the PAPERBACK VERSION of this publication. Additional formats are available below.
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