Smith v Szeyller: If you snooze, you lose

A substantial percentage of trust and probate litigation involves one or more nonparticipating family members sitting on the sidelines, which forces the petitioning family member to absorb the cost and risk of “carrying the sword.” Rather than litigating to create a common fund, what if the petitioning family member cuts a private deal that adversely impacts his or her relatives’ inheritance rights?

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