Texas Fiduciary Litigator, Presentation: Preparing the Charge, the Charge Conference, and Protecting the Record (September 11, 2020)

Winstead Publications, in their Texas Fiduciary Litigator Blog, discusses Texas Department of Highways v. Payne David F. Johnson presented his paper entitled “Preparing the Charge, The Charge Conference, and Protecting the Charge,” to the State Bar of Texas’s Advanced Civil Appellate Course on September 9, 2020. The presentation covered the history of Texas charge practice regarding the use of broad … Continue reading Texas Fiduciary Litigator, Presentation: Preparing the Charge, the Charge Conference, and Protecting the Record (September 11, 2020)

Florida Probate & Trust Litigation Blog: What’s the right way and the wrong way to deed property OUT of your revocable trust? (August 23, 2020)

Juan C. Antúnez, in his Florida Probate & Trust Litigation Blog, discusses what is the right way and the wrong way to deed property OUT of your revocable trust. His article begins as follows: Deeding property “into” and “out” of trusts is the kind of bread and butter work trusts and estates lawyers do all the time. But … Continue reading Florida Probate & Trust Litigation Blog: What’s the right way and the wrong way to deed property OUT of your revocable trust? (August 23, 2020)

Saul Levmore, Death as Divorce for the Abandoned Spouse: Davis V. Combes and the Cautious and Gender-Sensitive Judiciary (December 12, 2019)

Saul Levmore, of the University of Chicago Law School, has made available for download his article, Death as Divorce for the Abandoned Spouse: Davis V. Combes and the Cautious and Gender-Sensitive Judiciary, published in Social Science Research Network. The abstract is as followed: Davis v. Combes is a Seventh Circuit decision by Judge Diane Wood … Continue reading Saul Levmore, Death as Divorce for the Abandoned Spouse: Davis V. Combes and the Cautious and Gender-Sensitive Judiciary (December 12, 2019)

Leimberg Weekly Digest: August 23 – 28, 2020

LISI WEEKLY DIGEST [Subscription Required] Steve Leimberg's Estate Planning Newsletter·  August 27 -Steve Leimberg - Review of the 13TH Edition of Tools and Techniques of Financial Planning·  August 25 -Paul Hood: Exercising Swap Powers, Part 1Steve Leimberg's Business Entities Newsletter·  August 26 -Brandon Ketron, Alan Gassman & Kevin Cameron: SBA Releases New Interim Final Rules Placing Restrictions on Payments … Continue reading Leimberg Weekly Digest: August 23 – 28, 2020

Saul Levmore, Death as Divorce for the Abandoned Spouse: Davis V. Combes and the Cautious and Gender-Sensitive Judiciary (December 12, 2019)

Saul Levmore, of University of Chicago Law School, has made available for download his article, Davis V. Combes and the Cautious and Gender-Sensitive Judiciary, published in Social Science Research Network. The abstract is as followed: Davis v. Combes is a Seventh Circuit decision by Judge Diane Wood involving a decedent who surprises her surviving family by secretly transferring assets to her sister. … Continue reading Saul Levmore, Death as Divorce for the Abandoned Spouse: Davis V. Combes and the Cautious and Gender-Sensitive Judiciary (December 12, 2019)

Leimberg Weekly Digest: August 15 – 21, 2020

LISI WEEKLY DIGEST [Subscription Required] Steve Leimberg's International Tax Planning Newsletter·  August 20 -Steve Leimberg: Review of International Estate Planning 2nd Edition by Barbara Hauser and Melissa LangaSteve Leimberg's Estate Planning Newsletter·  August 18 -Sandra D. Glazier on US v. Sanmina Corporation - A Primer on the Attorney Client Privilege and Work Product Doctrine·  August 18 -7520 and Other … Continue reading Leimberg Weekly Digest: August 15 – 21, 2020

Steve R. Akers: Estate of Bolles v. Commissioner, T.C. Memo. 2020-71 –Treatment of Advances as Legitimate Loans vs. Gifts (July 24, 2020)

Steve R. Akers, of Bessemer Trust, has published his summary of the Estate of Bolles v. Commissioner, T.C. Memo. 2020-71 –Treatment of Advances as Legitimate. The summary is as follows: Estate of Bolles v. Commissioner, T.C. Memo. 2020-71, addresses whether advances made to a son with no loan agreements, security, or attempts to force repayment … Continue reading Steve R. Akers: Estate of Bolles v. Commissioner, T.C. Memo. 2020-71 –Treatment of Advances as Legitimate Loans vs. Gifts (July 24, 2020)

Texas Fiduciary Litigator: Court Reversed Breach Of Fiduciary Duty Judgment Due To A Lack Of Damages (August 23, 2020)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses In the Interest of M.G.G In In the Interest of M.G.G., an ex-husband was made a constructive trustee of stocks that he held in his retirement account for his ex-wife. No. 05-19-00777-CV, 2020 Tex. App. LEXIS 6291 (Tex. App.—Dallas August 10, 2020, no pet. history). The divorce order … Continue reading Texas Fiduciary Litigator: Court Reversed Breach Of Fiduciary Duty Judgment Due To A Lack Of Damages (August 23, 2020)

Texas Fiduciary Litigator: Court Granted Mandamus Relief To Reverse A Probate Court’s Order Transferring A Case To A District Court (August 23, 2020)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses In re McCown. In In re McCown, a county court had a contested probate matter, and a party filed a motion to assign a statutory probate judge and another party filed a motion to transfer the case to a district court. No. 10-20-00128-CV, 2020 Tex. App. LEXIS 6276 … Continue reading Texas Fiduciary Litigator: Court Granted Mandamus Relief To Reverse A Probate Court’s Order Transferring A Case To A District Court (August 23, 2020)

Texas Fiduciary Litigator: A Rose By Any Other Name Would Not Smell As Sweet: Court Holds That Texas Does Not Have An Aiding And Abetting Breach Of Fiduciary Duty Claim (August 13, 2020)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses Hampton v. Equity Trust Co. In Hampton v. Equity Trust Co., an individual sold fraudulent investments to the plaintiff. No. 03-19-00401-CV, 2020 Tex. App. LEXIS 5674 (Tex. App.—Austin July 23, 2020, no pet.). The individual ran a Ponzi scheme and had recommended that the plaintiff open a retirement account … Continue reading Texas Fiduciary Litigator: A Rose By Any Other Name Would Not Smell As Sweet: Court Holds That Texas Does Not Have An Aiding And Abetting Breach Of Fiduciary Duty Claim (August 13, 2020)

Paul Sullivan, Wealth Matters, NY Times (August 14, 2020): Helping Girls Step Up to Entrepreneurship

Paul Sullivan's weekly New York Times Wealth Matters column focuses on teaching girls financial literacy. His article, Helping Girls Step Up to Entrepreneurship, begins as follows: Neha Shukla started a Girls With Impact program in April and by June had a prototype for her invention — a hat that aids in social distancing.Marcus Smith for … Continue reading Paul Sullivan, Wealth Matters, NY Times (August 14, 2020): Helping Girls Step Up to Entrepreneurship

Texas Fiduciary Litigator: Court Held That Manager Owed Limited Liability Company Fiduciary Duties And That A Derivative Action Could Still Be Pursued After The Company Dissolved (August 13, 2020)

David Fowler Johnson , in his Texas Fiduciary Litigator Blog, discusses Katz v. Intel Pharma. In Katz v. Intel Pharma, LLC, a minority member of a limited liability company sued a former manager for breach of fiduciary duty in a derivative action. No. H-18-1347, 2020 U.S. Dist. LEXIS 120389 (S.D. Tex. July 9, 2020). The defendant filed a motion … Continue reading Texas Fiduciary Litigator: Court Held That Manager Owed Limited Liability Company Fiduciary Duties And That A Derivative Action Could Still Be Pursued After The Company Dissolved (August 13, 2020)

William G. Gale, Christopher Pulliam, John Sabelhaus, and Isabel V. Sawhill: Taxing Wealth Transfers Through an Expanded Estate Tax (August 4, 2020)

William G. Gale, Christopher Pulliam, John Sabelhaus, and Isabel V. Sawhill, of The Arjay and Frances Fearing Miller Chair in Federal Economic Policy, the Center on Children and Families, Washington Center for Equitable Growth, and also the Center on Children and Families respectively, have made available for download their article, Taxing Wealth Transfers Through an … Continue reading William G. Gale, Christopher Pulliam, John Sabelhaus, and Isabel V. Sawhill: Taxing Wealth Transfers Through an Expanded Estate Tax (August 4, 2020)

Ethan J. Leib and Andrew Kent: Fiduciary Law and the Law of Public Office: Suggestions for a Research Agenda (July 17, 2020)

Ethan J. Leib and Andrew Kent, of Fordham University School of Law, have made available for download their article, Fiduciary Law and the Law of Public Office: Suggestions for a Research Agenda, published in William & Mary Law Review, Forthcoming and Fordham Law Legal Studies Research Paper No. 3654506. The abstract is as followed: A … Continue reading Ethan J. Leib and Andrew Kent: Fiduciary Law and the Law of Public Office: Suggestions for a Research Agenda (July 17, 2020)

Texas Fiduciary Litigator: Co-Trustees Can Sue To Remove A Co-Trustee Due To Hostility (July 25, 2020)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses Ramirez v. Rodriguez. In Ramirez v. Rodriguez, three co-trustees sued a fourth trustee to have him removed due to his hostile actions: he "has engaged in a pattern of creating hostility and friction that impedes and/or affects the operations of the trust.” No. 04-19-00618-CV, 2020 Tex. App. LEXIS 1340 … Continue reading Texas Fiduciary Litigator: Co-Trustees Can Sue To Remove A Co-Trustee Due To Hostility (July 25, 2020)

Adam J. Hirsch, Waking the Dead: An Empirical Analysis of Revival of Wills (June 5, 2020)

Adam J. Hirsch, of University of San Diego, has made available for download his article, Waking the Dead: An Empirical Analysis of Revival of Wills, published in the UC Davis Law Review, Vol. 53, No. 5, 2020 and San Diego Legal Studies Paper No. 20-462. The abstract is as followed: The problem of revival arises … Continue reading Adam J. Hirsch, Waking the Dead: An Empirical Analysis of Revival of Wills (June 5, 2020)

Lad Boyle, Howard M. Zaritsky, and Ryan Wallace: The Uniform Basis Rules and Terminating Interests in Trusts Early (Spring 2020)

Lad Boyle, Howard M. Zaritsky, and Ryan Wallace, of University of South Carolina - School of Law and Sojourner, Caughman & Thomas, LLC, have made available for download their article, The Uniform Basis Rules and Terminating Interests in Trusts Early, published in 55 Real Property, Trust, and Estate Law Journal 1. The abstract is as followed: The resolution of income tax issues … Continue reading Lad Boyle, Howard M. Zaritsky, and Ryan Wallace: The Uniform Basis Rules and Terminating Interests in Trusts Early (Spring 2020)

David Brito

Associate Editor David Brito is a third year student at the McIntire School of Commerce at the University of Virginia, where he is majoring in Commerce with a concentration in Finance and Management with a track in Global Commerce. David joined the Journal as Associate Editor in 2020.

Peter B. Allport & Nicole K. Mann (McDermott Will): Divergence Among States in Enforcement of In Terrorem Clauses in Wills And Trusts (August 4, 2020)

Peter B. Allport and Nicole K. Mann, of McDermott Will & Emery, have made available for download their article, Divergence Among States in Enforcement of In Terrorem Clauses in Wills And Trusts, published in McDermott Will & Emery blog page. The abstract is as follows: Recent decisions in California and Mississippi illustrate the divergence among … Continue reading Peter B. Allport & Nicole K. Mann (McDermott Will): Divergence Among States in Enforcement of In Terrorem Clauses in Wills And Trusts (August 4, 2020)

Steve R. Akers: ACTEC 2020 Annual Meeting Musings (July 20, 2020)

Steve R. Akers, of Bessemer Trust, has published his summary of the ACTEC 2020 Annual Meeting Musings. The summary is as follows: Various seminars at the ACTEC 2020 Annual Meeting are summarized. Topics include: litigation issues, DNA testing effects, SECURE Act, pre-mortem probate, UPMIFA, well-being for planners, unconscious bias, foreign person as trustee, transfer planning, … Continue reading Steve R. Akers: ACTEC 2020 Annual Meeting Musings (July 20, 2020)