Jeffrey Galvin (Downey Brand LLP): “Mental Health Disorder” Must Be Proven Along with Delusion (March 29, 2021)

Jeffrey Galvin, of Downey Brand LLP, has made available for download his article, "'Mental Health Disorder' Must Be Proven Along with Delusion," published in JDSUPRA. The article, which discusses Eyford v. Nord(2021) ___ Cal.App.5th ___., begins as follows: When are delusions enough to invalidate an estate plan?  The California Court of Appeal addressed that issue … Continue reading Jeffrey Galvin (Downey Brand LLP): “Mental Health Disorder” Must Be Proven Along with Delusion (March 29, 2021)

Steven Saraisky (Cole Schotz PC): Contested Estates – When Is The Right Time To Go To Court? (March 24, 2021)

Steven Saraisky, of Cole Schotz PC, has made available for download his article, "Contested Estates – When Is The Right Time To Go To Court?" published in JDSUPRA. The abstract is as follows: There are some instances where going to court is required or necessary.  For example, there is a specific time period to contest … Continue reading Steven Saraisky (Cole Schotz PC): Contested Estates – When Is The Right Time To Go To Court? (March 24, 2021)

Ysabelle Reyes (Wiley Rein LLP): No Coverage for Lawsuit Alleging Intentional Conduct to Circumvent Estate Plan (February 22, 2021)

Ysabelle Reyes, of Wiley Rein LLP, has made available for download her article, No Coverage for Lawsuit Alleging Intentional Conduct to Circumvent Estate Plan, published in JDSUPRA. The abstract is as follows: The United States District Court for the Northern District of Illinois, applying Illinois law, has held that a professional liability insurer had no … Continue reading Ysabelle Reyes (Wiley Rein LLP): No Coverage for Lawsuit Alleging Intentional Conduct to Circumvent Estate Plan (February 22, 2021)

Albert Carroll, Matthew Lintner, and Kathleen Murphy (Morris James LLP): Chancery Applies Unclean Hands Doctrine to Prevent a Trustee from Rescinding the Decanting of a Trust (March 2, 2021 )

Albert Carroll, Matthew Lintner, and Kathleen Murphy, of Morris James LLP, have made available for download their article, Chancery Applies Unclean Hands Doctrine to Prevent a Trustee from Rescinding the Decanting of a Trust, published in JDSUPRA. The abstract is as follows: Delaware’s decanting statute allows a trustee to “decant” a trust by “pouring” the … Continue reading Albert Carroll, Matthew Lintner, and Kathleen Murphy (Morris James LLP): Chancery Applies Unclean Hands Doctrine to Prevent a Trustee from Rescinding the Decanting of a Trust (March 2, 2021 )

Robert Harper: Non-Marital Child’s Legitimacy is Presumed for All Purposes of New York Law, Including Inheritance, When Parents Marry After the Child’s Birth (January 11, 2021)

Robert Harper, of New York Trusts & Estates Litigation Blog, has published his summary of the cases "Tiwary v. Tiwary, Docket Nos. 2019-5671 and 2020-2665N, 2020 NY Slip Op 07479" in his article titled "Non-Marital Child’s Legitimacy is Presumed for All Purposes of New York Law, Including Inheritance, When Parents Marry After the Child’s Birth." The summary is as follows: … Continue reading Robert Harper: Non-Marital Child’s Legitimacy is Presumed for All Purposes of New York Law, Including Inheritance, When Parents Marry After the Child’s Birth (January 11, 2021)

Max M. Schanzenbach and Robert H. Sitkoff: Risk Management and the Prudent Investor Rule (January 25, 2021)

Max M. Schanzenbach and Robert H. Sitkoff, of Northwestern University - Pritzker School of Law and Harvard University - Harvard Law School, respectively, have made available for download their article, "Risk Management and the Prudent Investor Rule," published in Trusts & Estates Magazine, November 2020. The abstract is as followed: The prudent investor rule, now enacted in every state, is the … Continue reading Max M. Schanzenbach and Robert H. Sitkoff: Risk Management and the Prudent Investor Rule (January 25, 2021)

Florida Probate & Trust Litigation Blog: Why isn’t a will that’s valid in Belgium also valid in Florida? (February 22, 2021)

Juan C. Antúnez, in his Florida Probate & Trust Litigation Blog, discusses Malleiro v. Mori. The article begins as follows: Florida is a magnet for people and foreign capital. Last year alone international home buyers poured $15.6 billion into our state’s economy. Florida’s also the first choice for relocating retirees within the U.S., and the single … Continue reading Florida Probate & Trust Litigation Blog: Why isn’t a will that’s valid in Belgium also valid in Florida? (February 22, 2021)

Texas Fiduciary Litigator: Court Held That An Heir Of An Estate Who Released All Claims Against The Estate Via A Settlement Agreement No Longer Had Standing To Bring Suit (February 5, 2021)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses "In the Estate of Maberry." In In the Estate of Maberry, the alleged common-law wife of an intestate decedent did not have standing to seek to remove the decedent’s daughter as independent administrator because she was not an “interested person” following her voluntary release of all … Continue reading Texas Fiduciary Litigator: Court Held That An Heir Of An Estate Who Released All Claims Against The Estate Via A Settlement Agreement No Longer Had Standing To Bring Suit (February 5, 2021)

Charles E. Rounds, Jr.: Benge v. Roberts: But an enforceable exculpatory clause in a trust should not always be the last word (November 1, 2020)

Charles E. Rounds, Jr. has made available for download his article, "Benge v. Roberts: But an enforceable exculpatory clause in a trust should not always be the last word," published in JDSUPRA. The article begins as follows: In Benge v. Roberts, No. 03-19-00719-CV, 2020 Tex. App. LEXIS 6335 (Tex. App.—Austin August 12, 2020), inception trustee allegedly commits breach of … Continue reading Charles E. Rounds, Jr.: Benge v. Roberts: But an enforceable exculpatory clause in a trust should not always be the last word (November 1, 2020)

Lusina Ho and Alex C.H. Yeung: When Email Fraud Meets Vesting Orders (September 11, 2020)

Lusina Ho and Alex C.H. Yeung, of The University of Hong Kong - Faculty of Law and University of Oxford - Harris Manchester College, respectively, have made available for download their article, "When Email Fraud Meets Vesting Orders," which will be published in the 2021 137 LQR forthcoming. The abstract is as followed: This case commentary considers the novel use of … Continue reading Lusina Ho and Alex C.H. Yeung: When Email Fraud Meets Vesting Orders (September 11, 2020)

Ronald J. Scalise: Will Formalities in Louisiana: Yesterday, Today, and Tomorrow (June 1, 2020)

Ronald J. Scalise, of Tulane University - Law School, has made available for download his article, "Will Formalities in Louisiana: Yesterday, Today, and Tomorrow," published in the Louisiana Law Review, Vol. 80, No. 1333, 2020. The abstract is as followed: Louisiana’s form requirements for wills are a curious amalgam of civil and common law rules. Although the current law, which provides … Continue reading Ronald J. Scalise: Will Formalities in Louisiana: Yesterday, Today, and Tomorrow (June 1, 2020)

Emmaline Jurgena, Jason Kohout, and Eric Maassen (Foley & Lardner LLP): Litigating Donor Intent: State ex rel. Board of Curators of University of Missouri v. Green (February 8, 2021 )

Emmaline Jurgena, Jason Kohout, and Eric Maassen, of Foley & Lardner LLP, have made available for download their article, Litigating Donor Intent: State ex rel. Board of Curators of University of Missouri v. Green, published in JDSUPRA. The abstract is as follows: A recent case involving a gift to endow professorships shows the tension between … Continue reading Emmaline Jurgena, Jason Kohout, and Eric Maassen (Foley & Lardner LLP): Litigating Donor Intent: State ex rel. Board of Curators of University of Missouri v. Green (February 8, 2021 )

David Horton and Reid K. Weisbord: Probate Lending: Data From San Francisco (September 24, 2020)

David Horton and Reid K. Weisbord, of University of California, Davis - School of Law and Rutgers Law School, respectively, have made available for download their article, "Probate Lending: Data From San Francisco," published in 169 U. Penn. L. Rev. Online. The abstract is as followed: Recently, “probate lenders” have started to advance cash to heirs and beneficiaries in return … Continue reading David Horton and Reid K. Weisbord: Probate Lending: Data From San Francisco (September 24, 2020)

David Fowler Johnson (Winstead PC): Court Dismissed Appeal By Pro Se Individual Who Could Not Represent An Estate (November 1, 2020)

David Fowler Johnson, of Winstead PC, has made available for download his article, “Court Dismissed Appeal By Pro Se Individual Who Could Not Represent An Estate,” published on Winstead’s website. The article begins as follows: In Kankonde v. Mankan, an attorney appealed the entry of an arbitration award on behalf of his clients, a doctor and … Continue reading David Fowler Johnson (Winstead PC): Court Dismissed Appeal By Pro Se Individual Who Could Not Represent An Estate (November 1, 2020)

Florida Probate & Trust Litigation Blog: What’s the right way and the wrong way to litigate a revocable trust while the settlor’s alive? (January 31, 2021)

Juan C. Antúnez, in his Florida Probate & Trust Litigation Blog, discusses avenues that clients can use to litigate an elderly settlor's revocable trust, but specifies the context of Habal v. Habal, — So.3d —-, 2020 WL 5372289 (Fla. 4th DCA September 09, 2020) as an exception. The article begins as follows: Attorneys faced with elderly clients sliding … Continue reading Florida Probate & Trust Litigation Blog: What’s the right way and the wrong way to litigate a revocable trust while the settlor’s alive? (January 31, 2021)

Kelvin F.K. Low: Trusts of Cryptoassets (December 15, 2020)

Kelvin F.K. Low, of the City University of Hong Kong, has made available for download his article, "Trusts of Cryptoassets," published in the Trust Law International and Trusts and Private Wealth Management: Developments and Directions (Cambridge University Press, 2021). The abstract is as followed: The birth of bitcoin in the Great Recession of 2008 appealed to cypherpunks and libertarians distrustful of … Continue reading Kelvin F.K. Low: Trusts of Cryptoassets (December 15, 2020)

David Fowler Johnson (Winstead PC): Administering Trusts in Recessions: Trust Loans to Beneficiaries (October 30, 2020)

David Fowler Johnson, of Winstead PC, has made available for download his article, "Administering Trusts in Recessions: Trust Loans to Beneficiaries," published in JDSUPRA. The abstract is as follows: Beneficiaries often request that a trustee make them a loan from trust property. In an economic downturn, such requests are even more prevalent. As a general … Continue reading David Fowler Johnson (Winstead PC): Administering Trusts in Recessions: Trust Loans to Beneficiaries (October 30, 2020)

Emmaline Jurgena and Jason Kohout (Foley & Lardner LLP): Mission-Related Investments under Trust Law (October 12, 2020)

Emmaline Jurgena and Jason Kohout, of Foley & Lardner LLP, have made available for download their article, "Mission-Related Investments under Trust Law," published in JDSUPRA. The abstract is as follows: As explored in a previous article, the IRS clarified that mission-related investments (MRIs) will not trigger the private foundation “jeopardy investment” rule (that is, a private foundation cannot make … Continue reading Emmaline Jurgena and Jason Kohout (Foley & Lardner LLP): Mission-Related Investments under Trust Law (October 12, 2020)

Shahbaz Ahmad Cheema, Distribution of Inheritance under Islamic Law: An Appraisal of Online Inheritance Calculators (August 16, 2020)

Shahbaz Ahmad Cheema, of Punjab University - Law College, has mad available for download his article, Distribution of Inheritance under Islamic Law: An Appraisal of Online Inheritance Calculators. The abstract is as followed: With the proliferation of the internet, new modes of access and dissemination have been invented. This paradigmatic shift is not only providing … Continue reading Shahbaz Ahmad Cheema, Distribution of Inheritance under Islamic Law: An Appraisal of Online Inheritance Calculators (August 16, 2020)