ABA Journal

Trusts & Estates

599 ABA Journal Trusts & Estates articles.

Lawyer pursued future pain compensation for client who had died, ethics complaint says

A Chicago lawyer sought compensation for “future pain and physical limitations” in settlement negotiations for a client who had already died, according to an ethics complaint.

Florida lawyer lied to hundreds of disabled trust clients, SEC says

The U.S. Securities and Exchange Commission is accusing a Florida attorney of defrauding at least 380 clients, most of whom have disabilities and are recipients of Medicaid or Social Security Supplemental Security Income benefits.

Federal judge rejects plea-deal sentence for lawyer accused of stealing nearly $13M from clients

A federal judge in Salt Lake City has rejected a plea deal calling for a sentence of about six years in prison for an estate lawyer accused of stealing $12.7 million from 26 elderly, disabled or incapacitated clients.

Coronavirus deaths in nursing homes and guardianship scandals prompt new elder law recommendations

The ABA House of Delegates approved a pair of resolutions Monday that focus on the needs of older Americans.

Judge ousted partly for racial comments; he once asked Black employee whether he dealt drugs to buy car

An Alabama probate judge has been ousted from his position for “completely inappropriate” racial comments and a “sexually inappropriate demeanor.”

Bible note changed writer’s will, Tennessee appeals court rules

A state appeals court has ruled that a handwritten instruction in a Bible that included only the first name of the writer was a valid codicil that changed a will.

Judge is suspended once again for social media posts—this time for soliciting hurricane donations

A South Carolina probate judge has been suspended for 18 months, partly for soliciting hurricane relief donations on Facebook and partly for his all-caps declaration as a would-be character witness.

Family of Henrietta Lacks sues for nonconsensual use of her tissue sample and cell line

The estate of Henrietta Lacks has filed a lawsuit alleging that a biotechnology company is profiting from the unauthorized use of living tissue taken from the Black woman without her consent or knowledge in a 1951 operation for her cervical cancer.

Top state court upholds trust provision requiring beneficiary to be unmarried

The Indiana Supreme Court has upheld a trust provision that made distribution of an inheritance contingent on the beneficiary being unmarried.

Baker McKenzie is ‘architect and pillar’ of offshore system that hides wealth, Pandora Papers report says

Baker McKenzie fought proposals to strengthen financial oversight and tax laws in its lobbying for large banks and technology companies, according to Pandora Papers reporting by the International Consortium of Investigative Journalists and its media papers.

Weekly Briefs: Britney Spears’ father suspended as conservator; would-be Reagan assassin will be freed of limits

Britney Spears’ father is suspended as conservator

Judge Brenda Penny of Los Angeles on Wednesday suspended Britney Spears’ father, Jamie Spears, from his position as conservator for the pop…

Trump sues niece for disclosing his tax records and the New York Times for encouraging it

Former President Donald Trump filed a lawsuit Tuesday against the New York Times and Mary Trump, his niece, that seeks at least $100 million in damages for her disclosure of his tax records to the newspaper.

‘Framing Britney Spears’ examines the singer’s conservatorship

Social media is a blessing and a curse. We are at a point in human civilization where it’s never been easier to communicate with each other. Whether via Facebook, Twitter, Instagram, Snapchat or any other platform, we have reached a position in our society where it arguably takes little to no effort to correspond with loved ones, those we despise and everything in between.

A tale of love, loss and conservatorships in the Golden Age of Hollywood

Britney Spears' legal battle over the conservatorship that put her under the control of her father brought international attention to the conservatorship system. But many other rich and famous people have—appropriately or not—also found themselves in the grips of a system that is much more easy to enter than to leave.

Probate lawyers are taking steps to secure LGBTQ+ families’ rights in case Supreme Court limits them

Family law could look very different in the near future, especially for nontraditional families, who are concerned that their protections may not be as secure. This is why many estate planners are advising that these clients create and make changes to their legal documents stat.

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