Where "In Terrorem" Clauses Should Spark Fear
In Florida, no-contest clauses -- aka in terrorem clauses -- are void as against public policy, thought to chill citizens' access to the courts for redress. In Washington, D.C., they are strictly enforced. ...
Attorneys' Fees
Some wags who practice in the Probate Division here in Chicago say an estate is only “fully probated” when it has been fully eaten up by lawyers’ fees in litigation or other legal matters. For the literary, such quips bring to mind Jarndyce v. Jarndyce in Charles Dickens’ novel, Bleak House, lampooning the 19th century English chancery courts....
Buried Treasure
It is the rarest and most valuable coin in the world, designed by a famed sculptor at the request of President Theodore Roosevelt in 1905. It should never have been minted. And, for decades, the U.S. government has fought to keep a surviving few out of private hands....
Human Nature, Both Sides Now
If you do estate and trust litigation for a living, it's easy to begin thinking that greed is ubiquitous. But just when you might harden into cynicism, a case comes along to restore your faith in human nature. ...
Just in Time for Halloween: A Dumont-like Horror
Stock concentration cases against fiduciaries just keep getting scarier. ...
Dad Wins—No Contest
Some states, such as Florida, ban no-contest clauses in wills as against public policy. A greater number of states allow these measures -- also known as "in terrorem" clauses -- but rarely enforce them. ...
Beware the Powers of Attorney
Lawyers get requests for powers of attorney all the time, and they're easy to churn out and then forget. But beware. ...
Don’t Play a Game of Hearsay Russian Roulet
A recent decision by the Indiana Supreme Court reminds practioners of the difficulty plaintiffs can face trying to prove undue influence in a will change. In Lasater v. House, 841 N.E.2d 553, the court excluded as hearsay numerous statements made by a testatrix regarding her nephew's influence on her estate-planning decisions....
Settlors' Advisory
The rise of fiduciary litigation in recent years (combined with ever-increasing attorneys' fees) has prompted some to search for an alternative to a traditional judicial dispute. Arbitration may provide an effective, less costly mechanism for resolving disputes but, as indicated by a recent decision from a DC appellate court, certain steps must be taken to ensure its availability to litigants. ...
Supremes Rule for Anna Nicole
Dumont has been reversed, but the appellate court's holding is so narrow that fiduciaries should not take heart. In fact, they should stay afraid -- very afraid....
