ABA Journal

Trusts & Estates

608 ABA Journal Trusts & Estates articles.

Law school clinics tackle challenging issue of heirs’ property rights

Heirs’ property is a name given to a home or land left to family members without an effective deed or will. With no clear title proving ownership, it can be difficult for descendants to sell or lease their property, build equity, or take advantage of homeowner assistance funds or disaster relief.

Northwestern law prof’s federal case is ‘the definition of vexatious and wasteful,’ judge says in ordering sanction

A federal judge in Colorado has ordered a professor at the Northwestern University Pritzker School of Law to pay attorney fees as a sanction for a federal action that is “the definition of vexatious and wasteful.”

When artists gain fame after death, questions can arise over copyright ownership

Several legal fights have pitted family members of an artist who died without a will against parties accused of commercially exploiting the artist’s work. Collectors or entrepreneurs who have obtained an artist’s physical work may then be tempted to try to profit from its underlying intellectual property, but they are different things.

Judge who blocked lawyer on Facebook can’t be sued for First Amendment violation, 5th Circuit says

A Texas judge who blocked a lawyer from his Facebook page and deleted the lawyer’s negative comments can’t be sued for a constitutional violation, a federal appeals court has ruled.

Former BigLaw attorney pleads guilty to stealing from estate

A suspended Memphis, Tennessee, lawyer has pleaded guilty to one count of wire fraud for stealing $124,000 from the estate of a former client.

Magistrate judge recommends ethics probe of Northwestern law prof, who sees ‘crock of nonsense’

A professor at the Northwestern University Pritzker School of Law is firing back after a federal magistrate judge said he should be referred to disciplinary authorities for his “shameful” conduct in a probate dispute with his mentally ill sister.

Rocket Lawyer announces partnership with Golden State Warriors

Legal tech company Rocket Lawyer said Thursday it has become an official legal services partner with NBA team the Golden State Warriors.

Mistrial declared in estate-planning malpractice suit against Nelson Mullins after jurors can’t agree

A judge in Fort Lauderdale, Florida, has declared a mistrial in a malpractice lawsuit alleging that an estate-planning lawyer at Nelson Mullins Riley & Scarborough failed to ensure that a wealthy couple’s five children each shared equally in trust money.

Legal malpractice payouts reach ‘troubling new heights;’ 4 insurers contributed to claims above $300M, survey says

Legal malpractice insurers are reporting skyrocketing payouts of tens of millions of dollars, even as claims frequency remains relatively flat, according to a survey by insurance broker Ames & Gough.

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.

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