Nonprofits Family Law

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News & Analysis as of

A trust is not an agency

The trustee is not an agent of the beneficiary. The trustee's duty not to delegate the administration of the trust could well be implicated if the trustee without authority were to behave as if he were the beneficiary's...more

Does the trustee who socially invests entrusted funds breach his/her/its fiduciary duty of undivided loyalty, absent express...

On February 8, 2015, The University of California Student Association [which purports to represent all 240,000 students enrolled in the UC system’s 10 campuses] passed [9-1-5] the following resolution, which, in part, calls...more

News from Second and State

Gov. Wolf continued to make headlines this week, this time with his activities in and around the judiciary. On Wednesday, the governor and newly-appointed–then-promptly-removed Open Records Director Eric Arneson had their day...more

Fighting for Education Rights: Equal Justice for Pregnant and Parenting Students [Video]

As an Equal Justice Works Fellow sponsored by Fenwick & West, Angelica Salceda is working at the ACLU of Northern California to ensure that pregnant and parenting students in California’s Central Valley schools are afforded...more

Could it be that the Uniform Trust Code would effectively immunize the trustee of a revocable inter vivos trust from liability for...

Section 603 of the Uniform Trust Code provides that while a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries, such as the equitable remaindermen, are subject to the control of,...more

The charitable corporation: A trust in disguise?

The charitable trust can have certain practical advantages over the charitable corporation, at least in some quarters and under certain circumstances. Operational simplicity and low-cost maintenance are some of the pluses....more

Religious Institutions Update - January 2014

On the heels of controversy surrounding the Internal Revenue Service's treatment of conservative groups applying for tax-exempt status, the Treasury Department is accepting comments on proposed regulations that will...more

The Uniform Trust Code’s stealth attack on the Trustee’s time-honored duty to defend his trust

One of the critical duties of a trustee traditionally has been to defend his trust against internal attacks. By that I mean to defend the trust against those who, in contravention of the settlor’s intentions as expressed in...more

Strategies for Finding Income

Strategies for Finding Hidden Income Whether it's a noncustodial parent who works under the table or a spouse who doesn't reveal all his or her assets, hidden income is an issue in many family law cases. This article will...more

China Senior Housing and Care Newsletter--in-home care edition

One segment of the senior care market will face more competition, although according to the national “9073” strategy, it may cover potentially 90% of the Chinese seniors. You know what I’ m talking about—yes—it’s in-home care...more

Anwältin in Istanbuls »Dorf des Richters: Ulya Selçuk - Expertin für deutsche Investitionen und türkische Frauenrechte

Anwältin in Istanbuls »Dorf des Richters: Ulya Selçuk - Expertin für deutsche Investitionen und türkische Frauenrechte Eine Reportage von Heinz Gstrein in Main-Echo...more

Advanced Estate and Tax Planning for Art and Other Fine Collections

A composite of studies of trust and estate attorneys, trust officers, and financial planners revealed that: • Fewer than 10% of plans for their clients addressed art, antiques, and collectibles • Fewer than 10% used art...more

New Pennsylvania Rules Require Immediate Appeals in Matters Involving Trusts, Charities, and Other Proceedings Heard by...

On February 13, 2012, new amendments to the Pennsylvania Rules of Appellate Procedure took effect and made substantial changes to the right to appeal from orders entered by Pennsylvania’s Orphans’ Courts. The...more

Could the Myriad Codifications of Aspects of the Law of Trusts Culminating with the Uniform Trust Code (2000) Be Doing More Harm...

Though the trust is a judge-made creature of equity, the last eighty years have seen numerous rounds of uniform legislation codifying various aspects of the law of trusts, beginning with the Uniform Principal and Income Act...more

Johnson v. Whitehead, et. al

Equal Protection challenge to Citizenship Law w/ Classifications based on Illegitimacy & Sex

Today, the UNROW Human Rights Impact Litigation Clinic at American University Washington College of Law filed a petition for Writ of Certiorari to the U.S. Supreme Court challenging, on Equal Protection grounds, a federal...more

New California Case - Trustee Cannot Condition Distribution on a Release, Bellows v. Bellows

New California case summary--a trustee cannot condition a distribution on the beneficiary providing a release or waiver of liability....more

Why Lawyers Give Back

LexisNexis ( and Pro Bono Net ( have released a study indicating that pro bono work is heavily ingrained in the legal profession, and is driven primarily by a sense of personal commitment on...more

CJP vs Salcido

Press Release

I was THE first sitting judge to become a whistleblower judge in America. I was sick and tired of watching my fellow judges blatantly ignore the Domestic Violence laws that were designed to protect a highly vulnerable...more

Oregon Law Practice Management: How to Get the Most Out of Using a Contract Attorney

How to get the best results from using a contract attorney; how to provide contract attorney services without running afoul of your professional liability coverage....more

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