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The constructive general inter vivos power of appointment: A trap for the unwary trustee and his counsel

The constructive general inter vivos power of appointment is the product of the marriage of power of appointment doctrine and creditors’ rights doctrine. It is a topic that is taken up in §4.1.3 of Loring and Rounds: A...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

Old Doctrine Misunderstood, New Doctrine Misconceived: Deconstructing the Newly-Minted Restatement (Third) of Property’s Power of...

Old Doctrine Misunderstood, New Doctrine Misconceived: Deconstructing the Newly-Minted Restatement (Third) of Property’s Power of Appointment Sections In was in the course of preparing the 2013 edition of Loring and...more

The Skinny on Bank Account Searches and Why Choosing the Right Asset Search Firm is so Important

Short Answer: As an attorney who has been conducting asset searches for other attorneys for over 20 years, I am repeatedly contacted or approached by lawyers and other professionals and asked whether it is permissible for a...more

Why It Is Critical To Conduct Asset Searches Aside From Bank Account Searches

On November 12, 1999, President Clinton signed the “Financial Services Modernization Act” into law, which made conducting bank account searches by asset search companies impermissible and a federal crime as you could no...more

Does a trust beneficiary incur any personal liability?

As a general rule, one assumes no personal liability when one becomes a trust beneficiary. There are some exceptions, however. Charles E. Rounds, Jr. explains in Section 5.6 of Loring and Rounds: A Trustee’s Handbook (2012)....more

Legal Byte: Is judicial legal advice the same as an advisory opinion?

This Legal Byte analyzes whether a judge's advice to a litigant or an attorney is the same as an "advisory opinion." Citations to case law are provided. Thank you. Alan Goldberg alangoldberglaw@gmail.com Appeals, civil...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

Asset Protection and The Title To Your Home - Common Mistakes

A good part of the American dream and the largest single asset many people own is their home. Whether shelter or showpiece, the sanctuary it provides and the investment we make in our homes is among the largest in the...more

Damage from medical malpractise-Quantification

The quantification of damage from medical malpractice...more

Privacy

PRIVACY >> UNLOW PROCCESSING <<

Privacy -- unlaw processing -- active subjects --...more

La responsabilità professionale medica

Aspetti e considerazioni sulla responsabilità professionale medica...more

Hard to Detect Nursing Home Neglect

Nursing home abuse is often very hard to detect. If you have a feeling your loved one is being mistreated, take extra precautions like these to prevent neglect or determine that nursing home negligence is happening. The...more

DRUG TESTING AND CHILD WELFARE

Document from HHS on drug testing for child welfare. Relevant to family law and civpro....more

SUBSTANCE ABUSE AND CHILD WELFARE COURTS

This Document from Health and Human Services serves as a guide for substance abuse and child welfare. Relevant to civil procedure and Family law issues....more

Common Signs of Nursing Home Abuse

As Baby Boomers age into their twilight, more families are relying on assisted living to take care of them. As nursing home populations increase, so do instances of nursing home abuse and neglect. It is even more important...more

Twelve Questions to Ask Daycare Providers

There have been more than one shocking story of child abuse in Texas daycare centers this month – one former daycare employee was accused of sexual misconduct with a child for the fourth time, while another daycare was shut...more

Code of Ethics for Philippine Psychologists

This is the Code of Ethics provided by the Psychological Association of the Philippines for Practicing Psychologists in our country....more

Harnois v. Fullerton

Notice of Motion and Motion for Sanctions

Attorney liability for false assertions in pleadings and affidavits pursuant to Minn. Stat. § 549.211...more

Do Liberals and Conservatives Punish Differently?

An intriguing look at how liberal versus conservative orientation plays into decisions to punish. Three experienced ASTC-member trial consultants respond to this article and discuss how they would use the results in court....more

How Jurors React to Successful Women

An intriguing look at how jurors respond to successful women and how to minimize negative bias. Three experienced ASTC-member trial consultants give their reactions. This article is one of many available free online from The...more

Cross-Examination of the Narcissistic Witness

An experienced ASTC-member trial consultant provides a follow-up article on the cross-examination of the narcissistic witness. Tips, tools, tactics and how to think about this special challenge. This article is one of many...more

Helping Witnesses Remember More

Basic psychological research shows that you can help your eye witnesses to remember more using a simple strategy: have them close their eyes! Read about how this works and see experienced ASTC-member trial consultants...more

How Much Influence is Undue? An Analysis of Family Law and Probate Perspectives

An analysis of undue influence in family law and probate, including aspects related to undue influence by legal professionals....more

A Granada Hills Nursing Home Is Charged With Wrongful Death, Negligence & Fraud

This article, published on Business Wire, describes a suit brought against Casitas Care Center Nursing Home by the family of Mr. Klaus Warme, represented by Makarem & Associates....more

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