Trusts & Estates

565 ABA Journal Trusts & Estates articles.

Why the increase in malpractice risk? Lawyers for plaintiffs point to trial lawyering, bill padding
Two lawyers who handle malpractice cases are pointing to two possible reasons why BigLaw is facing increasing malpractice risks.
Why elder law is a growing, ‘anything-can-happen practice’

Financial exploitation is just one component of elder law. It’s a growing area of practice that includes not only advance medical directives, estate planning, guardianship, probate and will contests, but also real estate, tax, employment, special needs, discrimination, domestic violence and Medicaid issues.

Lawyer who can’t find testators for over 500 wills can’t toss documents, ethics opinion says
A New York lawyer who possesses more than 500 wills, many of them obtained by acquiring others’ law practices, can’t dispose of the documents after a fruitless search for the testators—people who have made wills—according to an ethics opinion by the New York State Bar Association.
The role of counsel in preserving and protecting a closely held business

Many lawyers, accountants and business consultants advise closely held and family businesses. A critical time for these counselors occurs when the founder and sole owner starts to consider the role…

Disbarred partner said he stole over $2M to cover necessities; singer James Taylor is paying victims
Singer James Taylor and his wife will contribute $1.7 million to repay money stolen by a disbarred law firm partner who was sentenced to 68 months in prison Friday.
Lawyer disbarred for charging 88-year-old widow an ‘utterly excessive’ fee
The New Jersey Supreme Court has disbarred a lawyer for charging an elderly client about $120,000 in a case where an expert witness said he would have charged no more than $15,500.
A trusts and estates lawyer unearths his family’s past

Terrence Franklin, a partner in the Los Angeles trusts and estates litigation firm Sacks Glazier Franklin & Lodise, set out on a journey of discovery and on a path to pursue justice. He discovered documents that revealed his family’s history.

Afternoon Briefs: Once-high-profile lawyer disbarred; prescription diet cat food lawsuit reinstated

Lawyer who represented Oklahoma City bomber is disbarred

A Colorado lawyer who once represented Oklahoma City bomber Timothy McVeigh has been disbarred at age 77. Dennis Hartley’s misconduct included converting…

House of Delegates focuses on seniors’ needs in pair of resolutions
The health and well-being of senior adults were addressed in a pair of resolutions approved by the ABA House of Delegates on Monday.
Judge sanctions lawyer and clients $220K for alleged misconduct in guardianship case

A Texas judge has ordered a lawyer and his clients to pay more than $220,000 in sanctions for an alleged “vexatious litigation campaign” against a mentally incapacitated millionaire and his…

As America’s population ages, demand for elder law attorneys grows

Updated: As the U.S. population continues to get older, more attorneys are entering the field of elder law or expanding their practice to provide elder law services.

Roundup weed killer was substantial factor in man’s cancer, jurors find in second trial

Federal jurors in San Francisco found Tuesday that Roundup was a substantial factor in causing the cancer of a California man who used the weed killer to kill poison oak…

Law firm accused of enabling polygamist leader Warren Jeffs can be sued, 10th Circuit says
A federal appeals court has reinstated a lawsuit accusing a Utah law firm of creating the legal framework that allowed polygamist leader Warren Jeffs to perpetuate child rape, forced labor and extortion.
Mass shootings prompt bar associations to offer pro bono services to survivors and victims’ families

Attorneys are flocking to volunteer for bar association programs that help with probate, child custody, guardianship, victim compensation or trust matters.

Solos and small firms need to prepare for death and disaster
During a Thursday morning ABA Techshow panel, “Planning for Tomorrow, Today,” Peter Roberts, a private practice management consultant from Washington state, said that succession planning starts with hiring practices.

Read more ...




Web First
Recent changes in SCOTUS raise the stakes in upcoming abortion case
Original reporting ...
Topics: Career & Practice
Why did a Georgia city prohibit tattoos on Sundays?
Complete list of topics ...


Your Voice
Vision for 2020: A focus on defending the rule of law
Articles and commentary ...
Podcasts
Why did a Georgia city prohibit tattoos on Sundays?
More podcasts ...