Commercial Law & Contracts, Civil Remedies, Wills, Trusts, & Estate Planning

Nowadays a Practicing Lawyer’s First Serious Exposure to Critical Unjust Enrichment Doctrine is Likely to be After Law School, Too...

by Charles E. Rounds, Jr. on 3/1/2013

This modified excerpt from Loring and Rounds: A Trustee’s Handbook (2013) is a primer on the wrong of Unjust Enrichment and its principal remedy, Restitution. Unjust enrichment doctrine is very much alive and well in the real...more

A Trust is Not an Entity, it is a Relationship

by Hopkins & Carley on 6/8/2012

The Problem: Practitioners, and occasionally even some courts, will refer to assets as being “owned” by a trust, or will say that someone is “suing” the trust. This likely arises from the fact that proper designation often...more

Judicial Modification Of Trust Barred By Trust Terms [Florida]

by Charles (Chuck) Rubin on 4/9/2012

More often than not, the resolution of a trust dispute involves a settlement agreement with changes made to a trust instrument. Such modifications may be accomplished under provisions of Florida’s Trust Code (Fla.Stats....more

California District Court Grants Summary Judgment to Life Insurer in Rescission Case

by Manatt, Phelps & Phillips, LLP on 3/7/2012

Judge Virginia Phillips of the United States District Court, Central District of California, granted summary judgment to USAA Life Insurance Company, finding that Dr. Marshall Salkin made material misrepresentations regarding...more

The Owner Occupant Exception – When is a Trust a Natural Person?

by Snell & Wilmer L.L.P. on 9/29/2011

A critical question for residential contractors in Arizona is whether a homeowner is an "owner occupant." When a homeowner is an "owner occupant," contractors may only record a lien on the property if they have a direct...more

Los Angeles Targets Trustee to Clean-Up Housing Mess

by Reed Smith on 7/29/2011

The People of the State of California and The City of Los Angeles (collectively, the "Plaintiff") are seeking to hold Deutsche Bank National Trust Company and Deutsche Bank Trust Company Americas, as trustee under hundreds of...more

Trust & Estate Litigation Advisory for 7/12/2011: Accord and Satisfaction is Not Available to Trustees, Since They Cannot Seek...

by Hopkins & Carley on 7/13/2011

It is not uncommon for fiduciaries to seek an acknowledgment of final distribution and a release associated therewith. Obtaining such a release is permitted under Probate code section 16004.5 so long as it is given...more

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Commercial Law & Contracts › Civil Remedies › Wills, Trusts, & Estate Planning

Nowadays a Practicing Lawyer’s First Serious Exposure to Critical Unjust Enrichment Doctrine is Likely to be After Law School, Too...

A Trust is Not an Entity, it is a Relationship

Judicial Modification Of Trust Barred By Trust Terms [Florida]

California District Court Grants Summary Judgment to Life Insurer in Rescission Case

The Owner Occupant Exception – When is a Trust a Natural Person?

Los Angeles Targets Trustee to Clean-Up Housing Mess

Trust & Estate Litigation Advisory for 7/12/2011: Accord and Satisfaction is Not Available to Trustees, Since They Cannot Seek...

UCC Case Law Update

Federal Court: Egregious Facts May Permit Life Policy Rescission After Expiration of Incontestability Period

Fraudsters Beware - Homestead Exemptions Don't Always Work

Trustee's Establishment of Litigation Reserve Deemed Reasonable Under The "Prudent Man" Standard

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