Trusts & Estates

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.

Aug 12, 2019 8:13 PM CDT

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 guardians. Judge Oscar Kazen imposed the sanctions against lawyer Phil Ross and his clients in a May 24 decision, the…

May 29, 2019 12:45 PM CDT

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.

Mar 27, 2019 6:30 AM CDT

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 on his 56-acre property for 26 years. Jurors ruled for 70-year-old Edwin Hardeman in the first phase of his trial,…

Mar 20, 2019 9:25 AM CDT

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.

Mar 18, 2019 7:15 AM CDT

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.

Mar 1, 2019 1:40 AM CST

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.

Feb 28, 2019 4:50 PM CST

With the rise of cryptocurrency, estate lawyers caution that it shouldn’t be treated like any other asset

A full immersion into cryptocurrency is a good first step for other estate-planning lawyers wishing to break into the space.

Nov 1, 2018 1:05 AM CDT

Former Foley & Lardner partner is suspended for falsifying documents

A former partner at Foley & Lardner has been suspended for two years for misleading the IRS with falsified documents. The Wisconsin Supreme Court suspended former trusts and estates partner Adam Wiensch in an Oct. 16 opinion, report the American Lawyer, the Legal Profession Blog and the Milwaukee Journal Sentinel.…

Oct 18, 2018 12:15 PM CDT

Jury rules for Buchalter in suit seeking more than $150M for estate lawyer’s alleged misconduct

Jurors have found no liability by Buchalter in a lawsuit that contended the law firm was responsible for the alleged misconduct of one of its estate planning partners. Jurors in Orange County, California, ruled for Buchalter last Thursday in a suit by the heirs of the Alta-Dena dairy empire, according…

Oct 2, 2018 2:24 PM CDT

Moritz family disputes development fees pulled from $30M gift to Ohio State’s law school

The family of Michael Moritz, the late lawyer who donated $30.3 million to Ohio State University in 2001 and whose name is attached to its law school, is disputing how the college is using the gift. Lou Ann Moritz Ransom—the widow of Michel Moritz—and their son, Jeff, claim the donation…

Sep 18, 2018 1:04 PM CDT

Trump allies propose nationalizing Facebook, Google data

After President Donald Trump railed against Google for an anti-Trump news bias last week, his allies are arguing for a nationalization of data held by major American technology companies, raising questions about the role trusts and fiduciaries could play in the data economy.

Sep 6, 2018 9:32 AM CDT

Judge declares longtime lesbian couple in Utah legally married months after 1 partner’s death

Bonnie Foerster and Beverly Grossaint were legally married last week about three months after Groissant’s death at 82. Foerster, 74, told the Salt Lake Tribune she is “numb from happiness” after Judge Patrick Corum granted her posthumous marriage petition on Aug. 21. The couple had been together for 50 years.…

Aug 29, 2018 6:00 AM CDT

Judge refuses to allow statutory rapist to share in settlement for son’s wrongful death

A Wisconsin judge has ruled that an absentee father whose son was conceived with his 15-year-old cousin is not entitled to share in an $837,000 settlement for the son’s wrongful death.

Aug 20, 2018 6:05 AM CDT

Ex-managing partner of Nutter McClennen office suspended amid misappropriation allegations

The former managing partner of a Nutter McClennen & Fish office in Massachusetts has been temporarily suspended amid allegations that he misappropriated funds from trust accounts and the law firm. Matthew Bresette was temporarily suspended last month, report the American Lawyer, Reuters and Law360. Nutter McClennen says it notified clients…

Jul 23, 2018 9:10 AM CDT