News & Analysis as of

Negligence Estate Planning

Charles E. Rounds, Jr. - Suffolk University...

When Hostilities Break Out Between Co-trustees, Where Does That Leave Trust Counsel?

When hostilities break out between individual co-trustees, incumbent trust counsel faces a representation conundrum. In §8.8 of Loring and Rounds: A Trustee’s Handbook (2025), see appendix below, we grapple with the...more

Charles E. Rounds, Jr. - Suffolk University...

Individual Trustee Delegates to Financial Institution the Job of Taking Custody and Keeping Track of Income and Principal: The...

While PC software programs are a practical improvement over the trustee’s hard-copy ledger book, when it comes to keeping track of trust income and principal these programs still require serious clerical monitoring on the...more

Charles E. Rounds, Jr. - Suffolk University...

Due to scrivener negligence, the dispositive provisions of a trust fail to reflect the deceased settlor’s wishes: Can it be that...

Assume the deceased settlor of a trust had intended that his niece be included in the beneficiary class, but his estate-planning attorney had negligently made no provision for her in the governing instrument. After settlor’s...more

Hinshaw & Culbertson - Lawyers for the...

Do Illinois Attorneys Have a Duty to Assess Their Client's Mental Competence?

In a legal malpractice action arising out of revisions to a client's estate plan, the appellate court considered whether an attorney has a duty to evaluate a client's mental capacity and, if so, whether the plaintiff alleged...more

Kohrman Jackson & Krantz LLP

The Essential Need for Estate Planning: Insights from an Alaskan Legal Battle

In a recent class-action lawsuit, ten disabled Alaskans have sued the State of Alaska and their court-appointed guardian. This case emphasizes the profound importance of comprehensive estate planning, extending far beyond the...more

Ward and Smith, P.A.

What Does a Wrongful Death Lawyer Do?

Ward and Smith, P.A. on

In the blink of an eye, a bad car wreck or another serious incident can result in a death. Losing a loved one is absolutely devastating. In North Carolina, when an individual's negligence, wrongful acts, or intentional acts...more

Walkers

Clarity for third parties claiming against a Jersey estate – just what the doctor prescribed

Walkers on

For executors and administrators of estates it is important to have clarity as to the timeframes within which claims can be brought against the estate they are administering. Heirs and legatees can only bring a challenge...more

Robins Kaplan LLP

The Robins Kaplan Spotlight VOL. 5 NO. 1 Spring 2020

Robins Kaplan LLP on

The Spotlight is the result of ongoing collaboration between our national trial practice and estate planning groups, with the goal of providing a forum to discuss the latest news and other issues impacting the trusts and...more

Benesch

Perspectives - September/October 2015

Benesch on

In a decision in which no opinion commanded a majority, the Ohio Supreme Court sided with a private entity — a charter school operator — in a dispute over the ownership of personal property purchased by the operator with...more

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