Trusts & Estates

Judge reprimanded for false ‘elder abuse’ claim on Facebook in spat over guardianship case

An Ohio judge has received a public reprimand for inaccurately asserting on Facebook that an elderly woman was removed from her home because of its “deplorable conditions” and her son’s failure to take care of her.

Aug 22, 2024 8:43 AM CDT

Rule change to allow paraprofessionals to offer limited legal services proposed by top Texas court

The Texas Supreme Court is seeking comment on a proposal that would allow qualified nonlawyers to provide some legal services to low-income Texans.

Aug 7, 2024 10:19 AM CDT

Illinois signs up for NextGen bar exam as details on test emerge

On the same day that Illinois announced that it would be the 19th jurisdiction to commit to administering the NextGen bar exam, the National Conference of Bar Examiners released additional information about two knowledge areas of the new test.

May 29, 2024 3:13 PM CDT

Lawyer convicted in client’s murder in ‘elaborate and shocking sequence of events’

A Southfield, Michigan, lawyer was convicted last week in the June 2022 murder of his client in an alleged plot to gain his money.

May 28, 2024 10:39 AM CDT

9 legal malpractice trends in 2024

Legal malpractice is costing law firms big bucks, and it’s expected to fetch even more soon. Multimillion-dollar payouts increased year over year, according a 2023 report comparing 2022 numbers with the prior year report by Ames & Gough, a business insurance and risk management consultancy.

May 22, 2024 1:41 PM CDT

Judge allows unjust enrichment suit for use of cancer patient’s ‘immortal’ cells

A federal judge in Maryland has ruled that the estate of Henrietta Lacks can proceed with its lawsuit alleging that a pharmaceutical company unjustly profited from use of her “immortal” cells.

May 21, 2024 10:29 AM CDT

David Boies can’t ignore clients’ liability releases by ‘simply invoking’ name ‘Epstein,’ sanctions bid says

Co-executors of the estate of convicted sex offender and multimillionaire financier Jeffrey Epstein are seeking sanctions against two Boies Schiller Flexner leaders for filing a proposed class action lawsuit against them, even though the lead plaintiff and other victims had signed “ironclad” liability releases in return for “massive monetary payouts.”

Apr 10, 2024 12:35 PM CDT

New California law placing unhoused individuals with addictions in conservatorships faces questions

Anyone deemed to be “gravely disabled” or suffering from a significant substance abuse disorder can be placed into a conservatorship and institutionalized for an initial 72-hour hold. Longer placements can also happen.

Apr 1, 2024 12:40 AM CDT

Woman who says she found her father on 23andMe sues after learning of wrongful death settlement

A 26-year-old woman who said she confirmed the identity of her late father through 23andMe has filed a lawsuit after learning that she was left out of a wrongful death settlement reached between other family members and the hospital blamed for his death.

Feb 13, 2024 10:53 AM CST

Probate lawyer says he’s out of money and trying to withdraw from cases of 800-plus clients

A probate lawyer in Tampa, Florida, who abruptly closed his law firm told a judge Friday that he’s been trying “as diligently as possible” to file withdrawal motions in cases for more than 800 clients.

Jan 17, 2024 2:32 PM CST

Northwestern law prof’s $5K charitable donation isn’t substitute for attorney fees sanction, federal judge says

A law professor’s $5,000 charitable donation can’t take the place of attorney fees that he was ordered to pay for wrongly seeking to remove a probate motion to federal court, a federal judge in Colorado ruled Monday.

Jan 11, 2024 2:29 PM CST

Proposal for licensed paraprofessionals in Texas gains steam with commission support

The Texas Access to Justice Commission is supporting a proposal to license paraprofessionals to provide legal services to low-income residents.

Dec 20, 2023 12:30 PM CST

Less-expensive transfer on death instruments become more popular in Chicago

An increasing number of homeowners in Cook County, Illinois, which includes Chicago, are using transfer on death instruments to help their heirs avoid a “tangled title” that has to be resolved in a time-consuming probate process.

Nov 30, 2023 11:25 AM CST

A lawyer looks at 100

It’s rare to meet a 100-year-old lawyer. It’s perhaps even rarer to sit with that lawyer and listen as they reflect on their life and career. Alexander Forger, who joined the centenarian club in February, recently gave the ABA Journal that opportunity.

Oct 5, 2023 8:26 AM CDT

Elder law attorney sues guardianship reform advocate for alleged libel

A Tampa, Florida, attorney has been granted leave to file an amended complaint in his libel lawsuit against the founder of a guardianship reform group for his alleged comments about “predatory attorneys” and probate litigators lying in court.

Sep 1, 2023 10:19 AM CDT