Trust Administration Potpourri
Here at Fleming & Curti, PLC, we comb recent case reports and news items looking for a good story to illustrate important legal principles. We are always on the lookout for stories about, for instance, trust administration issues. Sometimes our work is easy; sometimes there just don’t seem to be great recent stories. Perhaps it’s […]
Trust Benefiting Lawyer Creates Undue Influence Presumption
VOLUME 24 NUMBER 21 To be valid, a will or trust must reflect the intentions of a competent signer. If the signer is deemed to have been subject to the undue influence of someone else, the document can be invalidated. Even documents carefully prepared by lawyers sometimes get successfully challenged. When the lawyer is a […]
Disappointed Heirs Not Permitted to Make Claim Against Dad’s Lawyers
JANUARY 25, 2016 VOLUME 23 NUMBER 4 Like a lot of Americans, Fred Brown (though that’s not his real name) had a complicated family life. He had been married twice, and had two daughters — Martha and Sally — from his first marriage. He was still married to Barbara, and she had two children from […]
Lawyer Has Responsibility to Monitor Conservatorship Administration
OCTOBER 27, 2014 VOLUME 21 NUMBER 39 Guardianship (of the person) and conservatorship (of the estate) cases pose special problems for lawyers. Usually, a lawyer involved in such a case will have responsibilities to several different persons. To name three obvious choices, the lawyer will have duties to: the guardian or conservator the lawyer represents; […]
Disinherited Sister Has No Claim Against Brother’s Lawyer
AUGUST 9, 1999 VOLUME 7, NUMBER 6 Walter Heine never married and never had children. His closest relative was his sister, Alma Francis. In 1987, after Mr. Heine suffered a stroke, the Minnesota courts appointed a conservator to handle his money. Before his stroke, Mr. Heine had never gotten around to making out a will. […]
