Trusts & Estates

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

Paramedics who wrongly insisted woman was dead have immunity in civil suit, 6th Circuit says

A federal appeals court has ruled that emergency medical personnel have qualified immunity in a civil lawsuit alleging that they wrongly insisted that a woman was dead, leading to her subsequent death.

Jul 27, 2023 1:23 PM CDT

Didn’t get it in writing? There may still be a way, says author of ‘Litigating Constructive Trusts’

“If you don’t have it in writing, you’re out of luck.” That’s the common wisdom you’ll hear. But while getting an agreement in writing is a best practice, in some cases you might have more options than you think to enforce a unwritten agreement.

Jul 12, 2023 9:00 AM CDT

Suspended lawyer accused of trying to frame attorney father now charged with his murder

Updated: A suspended Florida lawyer accused of trying to frame his father in a trust account theft is now charged with his shooting death Saturday.

Jul 5, 2023 10:17 AM CDT

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.

May 30, 2023 8:14 AM CDT

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.”

Apr 11, 2023 8:43 AM CDT

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.

Apr 1, 2023 1:30 AM CDT