The complex area of law concerning revocable inter vivos trusts and the settlor’s estate is one that every legal professional in corporations and law firms needs to be conversant with. The latest case study concerning this issue provides an illuminating analysis of a scenario involving a dying settlor, a general assignment, and the transfer of…
Post-pandemic trial schedules have proven to be a taxing endeavor for litigators across the globe. As much of the world navigates the new normal, law professionals are managing their workload amidst what can only be described as chaotic times. A full-scale return to courtrooms has imposed a pressing demand on legal practitioners who must now…
As many legal professionals might already know, estate planning is not a subject reserved just for real estate properties, shares, and funds. More and more, we see pet owners considering their furry friends as an important part of their estate. The same love and care that they receive when their owner is alive continue even…
When it comes to executing a will, the importance of the Personal Representative role can hardly be overstated. This person or entity, also often referred to as an executor, has the critical task of ensuring that the terms set out in a will are executed as closely as possible to the desires of the departed….
Appointing or electing judges without prior judicial training is a common practice in the United States, despite state courts handling approximately 98.5% of America’s legal disputes. This tradition is now being questioned due to the subsequent challenges that these judges face as they step into their roles. In a detailed exploration, Law360 narrates the story…
An Ohio probate judge from Cincinnati stands accused of serious ethics violations by the Ohio Bar Association. These accusations stem from social media comments he made concerning a matter that had been settled in his court. Aspects of the issue included disparaging comments about a family’s housekeeping ability and alleged substance abuse by a family…
An Ohio judge has found himself in the midst of controversy for reportedly violating judicial conduct rules. The judge is accused of posting inaccurate information on Facebook about a contentious guardianship case that he was overseeing. The claims, although unsupported, suggested that the female subject of the case was suffering from elder abuse. According to…
Last year, LEAP Legal Software, an international provider of cloud-based practice management software acquired WealthCounsel, a leading provider of software, training, and support for estate planning and elder law attorneys. In a significant development for the estate planning community, LEAP has now announced a new integration with WealthCounsel. This integration makes WealthCounsel’s drafting solution directly…
The City of Norwalk, noted as the sixth largest city in Connecticut, is close to finishing its 2023 real property revaluation. This revaluation is being done on the principle of “full measure and list” – an approach which integrates the outcomes of property inspections into the revaluation. This critical step, according to a report by…
When we speak about trust in legal terms, many legal professionals instantly think about three principal roles: The Grantor (or “Trustor”), the Trustee, and the Beneficiary. The Grantor, being the creator of the trust, bestows the Trustee with the right to manage property for the benefit of one or multiple Beneficiaries. The primary use of…
Beginning November 1, 2023, it will become mandatory for divorcing parents, as well as parties to annulment, parentage, and modification actions involving custody or parenting time to undertake a four-hour online parenting course known as “Two Parents Now”. This mandate, brought about by the Massachusetts Probate and Family Court, is highlighted in Standing Order 3-23….
British Virgin Islands (BVI) often become the focal point for private wealth structuring due to the favorable business environment. Despite their many advantages, one recurring issue organizations face involves shareholder succession when shares in a BVI corporation are registered under an individual’s name rather than a corporate entity. In the event of the shareholder’s death,…
Many legal professionals, particularly those specializing in trust and estate litigation, are acutely aware of the significance of the probate exception to federal diversity jurisdiction in their practice. A recent couple of cases from the Southern District offer a fresh examination of this often overlooked aspect of federal jurisdiction. For those unfamiliar, the two-part series…
In light of the complexities involved in estate planning for unmarried couples, there is a growing necessity for lawyers and financial advisors to stay abreast of the latest regulations and legal considerations. As outlined in a recent article, which was authored by the esteemed legal firm Lippes Mathias LLP, asset distribution after the death of…
A Georgia probate judge testified in her defense on Thursday, in the face of 40 ethics charges brought against her by the state’s Judicial Qualifications Commission. The judge notably lamented the lack of written policies and additional guidance available to her when she first took to the bench. The challenges resulting from this void of…
The complexity and significance of the Payroll Protection Program (PPP) in supporting businesses during the COVID-19 pandemic’s economic turmoil have also presented opportunities for fraudulent activities, a truism exposed in a recent incident involving a disbarred attorney from the state of Washington. Darlene Baker, who has also been known as Darlene Piper, from Port Orchard,…
In a recent legal update, a significant question was raised concerning the jurisdiction of New York’s Surrogate’s Courts, particularly when it comes to business disputes involving close companies. The query in focus is whether or not these courts hold the authority to compel an accounting related to a non-party limited liability company (LLC), in situations…
A testamentary provision, most people are acquainted with the notion of having a will. The ultimate eventuality of human existence requires conscientious preparation, not only for the peace of our minds but for the benefit of those we leave behind. Whether it be physical property, real estate, liquid finances, shareholdings, personal household items or collectibles,…
In August 2023’s edition of the Probate & Fiduciary Litigation Newsletter, a highlighted case presents a noteworthy argument about the jurisdiction of the Massachusetts Land Court. The case in question is DiNicola v. Ely, et al., No. 23 MISC 000128 (2023). At the heart of the legal issue stands a family trust that holds record…