The Risks of Bad Advice
Winstead HOA Law Webinar: Deed Restriction Compliance – Legal Process
Bar Exam Toolbox Podcast Episode 207: Listen and Learn -- Recording Statutes (Real Property)
Preserving Black History in Bucks County, PA, with Recorder of Deeds Robin Robinson: On Record PR
Much has been written about courts invalidating instruments or transactions after a person’s death. Courts invalidating instruments or transactions during a person’s lifetime is discussed less often. A mechanism for doing so...more
In this episode of Trust Us, Danielle Friedman, Herb Fineburg, and Max McCauley tackle the pitfalls of common estate planning advice, highlighting the risks of adding children to bank accounts or deeds purely for convenience....more
In Hilderbran v. Tex. SW. Council, Inc., parties donated a ranch via a 1930 deed to trustees for the Boy Scouts. No. 04-22-00736-CV, 2024 Tex. App. LEXIS 4390 (Tex. App.—San Antonio June 26, 2024, no pet. history)....more
This is the second of three articles addressing the topic of what needs to be done when a spouse or loved one passes away. My last article addressed the immediate things that need to be done prior to the decedent’s funeral...more
The Michigan Court of Appeals recently considered a case presenting the question of whether Anna Brudek had sufficient mental capacity to execute a deed conveying one-half of her real property to her boyfriend, Alvin Rice. In...more
In Leland House v. Webb, a husband sued his deceased wife’s executor to quiet title in real estate that she obtained from her aunt. No. 06-19-00054-CV, 2019 Tex. App. LEXIS 10012 (Tex. App.—Texarkana November 19, 2019, no...more
Two recent High Court cases have considered the principles underpinning the Court’s power to set aside or rescind a voluntary disposition on the grounds of mistake. In the cases of Hartogs v Sequent (Schweiz) and Payne v...more
It is widely understood in California that inherited assets, unlike assets earned from labor, are the separate property of the receiving spouse. But what if the assets do not come directly from a parent and instead pass from...more
Under Florida Statute § 95.231, certain defective deeds are cured after the passage of five years. In Saccullo v. U.S., No. 17-14546 (11th Cir. Jan. 11, 2019), the Eleventh Circuit was presented with the task of defining the...more
In Bradley v. Shaffer, family members placed mineral interests they inherited into the trust. No. 11-15-00247-CV, 2017 Tex. App. LEXIS 11154 (Tex. App.—Eastland November 30, 2017, no pet.). ...more
A person who executes a valid agreement to make a testamentary disposition as to a specific item of property is precluded from making an alternative disposition, either during lifetime or upon death. ...more
In Wise v. Mitchell, a power of attorney holder, Mitchell, filed a revocation of a deed that the principal issued to Wise. No. 05-15-00610-CV, 2016 Tex. App. LEXIS 6502 (Tex. App.—Dallas June 20, 2016, no pet. history). After...more
Here is an estate planning note that will help those who are using living trusts — consider using a transfer on death deed. Kudos to the Virginia General Assembly for recently enacting legislation allowing for the...more