Newsletter

Lawyer’s False Guardian Reports Lead to Bar Discipline

A court-appointed guardian has a variety of responsibilities. One administrative duty: most states require the filing of guardian reports, typically once a year. Those guardian reports alert the court to any changes. They also address whether the guardianship continues to be appropriate. Who and what must be reported Arizona, for instance, provides a report form …

Lawyer’s False Guardian Reports Lead to Bar Discipline Read More »

Declaratory judgment

Contestants Seek Declaratory Judgment on No-Contest Clause

It is hardly uncommon for family members to disagree about the validity or meaning of a will. Even when they disagree, though, few people actually go to the trouble and expense to file a formal contest. A recent will contest case in Georgia provided a different wrinkle that invites further explanation: the will contests filed …

Contestants Seek Declaratory Judgment on No-Contest Clause Read More »

Special needs trust's purpose

North Carolina Court Reviews Special Needs Trust’s Purpose

When someone creates a trust — any trust — they have some purpose or goal. What is a special needs trust’s purpose? That seemingly simple question is the focus of a recent North Carolina case. Indeed, four different levels of that state’s courts seem to have trouble coming up with a straightforward answer. The guardianship …

North Carolina Court Reviews Special Needs Trust’s Purpose Read More »

Prince

Parentage, and the Late Artist (Formerly) Known as Prince

We wrote last week about the law of parentage, and how Arizona law is evolving in the modern world. Other jurisdictions, and other problems, address related issues. Surprisingly, perhaps, the probate of Prince’s estate sheds light on some of those problems. Prince’s family history As any rock fan of rock music or popular culture knows, …

Parentage, and the Late Artist (Formerly) Known as Prince Read More »

Estate and gift tax thresholds for 2018

Estate and Gift Tax Thresholds Set to Increase for 2018

Near the end of each year (usually in October) the Internal Revenue Service updates a number of inflation-adjusted income, estate and gift tax figures for the upcoming year. Well before the official figures are released, though, some private groups usually can predict the next years’ changes. We already know the estate and gift tax thresholds …

Estate and Gift Tax Thresholds Set to Increase for 2018 Read More »

Missing will

Missing Will Discovered Three Years Later, Denied Probate

After someone’s death, what happens when no one can find a will? Their estate usually passes according to the law of “intestate succession.” That means the state’s legislature has effectively written a will for the decedent. What, if anything, can be done about a missing will? Of course, a missing will might indicate that the …

Missing Will Discovered Three Years Later, Denied Probate Read More »

attempted marriage

Appointment of Guardian May Invalidate Attempted Marriage

Alan and Glenda were engaged. Tragically, Alan was in a 2010 automobile accident. He suffered a head injury, and his daughter filed a petition for appointment of a guardian. Soon, a guardian “of the property” was appointed. More than a year later, Alan and Glenda went ahead and got married. Was their attempted marriage valid? …

Appointment of Guardian May Invalidate Attempted Marriage Read More »

Lawyer Discipline

Lawyer Discipline Invoked After Self-Dealing With Mother’s Estate

We often write about cases of lawyer discipline. That’s not because we enjoy relating the stories, but because they often provide guidance even to non-lawyers. For one example, many of the lawyer discipline cases involve breaches of fiduciary duty. The duties owed to an estate are the same whether the executor is a lawyer or …

Lawyer Discipline Invoked After Self-Dealing With Mother’s Estate Read More »

Scroll to Top