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Family Law Professional Malpractice

Read Family Law updates, news, and legal commentary from leading lawyers and law firms:

Allowing in parol evidence as to a trust-settlor's intent: Construing trust terms versus reforming them

by Charles E. Rounds, Jr. on

In the Missouri case of Mense v. Rennick, 491 S.W.3d 661 (Mo. App. 2016), the testimony of the settlor-beneficiary of an irrevocable trust as to what she had intended was not allowed in, the court having determined that the...more

Another rejection of the intent-defeating, sole-benefit-of-the-beneficiaries principle, the policy centerpiece of the Uniform...

by Charles E. Rounds, Jr. on

In §6.1.2 of Loring and Rounds: A Trustee’s Handbook (2016), the authors report on the ongoing academic debate between Prof. John H. Langbein and Prof. Jeffrey A. Cooper over the merits of the sole-benefit-of...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19436 - Miller v. Appellate Court - When the appellant’s attorney kept missing deadlines and failed to comply with other Appellate Court rules in four pending appeals, one...more

Employing the term "family" in trust instruments and trust-related legislation is asking for trouble

by Charles E. Rounds, Jr. on

Employing the term “family” in trust instruments and trust-related legislation is asking for trouble. In §8.15.6 of Loring and Rounds: A Trustee’s Handbook (2016) the authors explain why the meaning of the term in a given...more

Beware of conflating power of appointment doctrine and merger doctrine in the trust context

by Charles E. Rounds, Jr. on

Assume a trust that was initially for the benefit of its settlor (who is now dead) has the following additional terms: All net trust-accounting income to settlor’s surviving spouse (X) for life; trustee may invade principal...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC36382, AC36387 - Hilton v. Commissioner of Correction - AC36922 - Nationwide Mutual Ins. Co. v. Pasiak - This was Round Three of a case previously reported on. An...more

A permissible beneficiary's equitable property interest under an irrevocable discretionary trust is contingent, not vested, the...

by Charles E. Rounds, Jr. on

A permissible beneficiary’s equitable property interest under a discretionary trust is contingent, not vested. The critical condition precedent that renders the interest contingent is that the trustee must exercise his...more

Health Alert (Australia) - July 20, 2015

by DLA Piper on

In This Issue: New South Wales (NSW). 14 July 2015 - Ping Yuan v Da Yong Chen [2015] NSWSC 932 The New South Wales Supreme Court has made a declaration allowing an unconscious man's wife to consent to the...more

Health Alert (Australia) - March 2, 2015

by DLA Piper on

In This Issue: Judgments; Legislation; and Reports. Excerpt from Reports: 23 February 2015 - Same-sex adoption a step closer with review of laws - Same-sex adoption in Victoria is a step closer,...more

Appellate Court Notes

by Pullman & Comley, LLC on

AC35507 - State v. Wright - ?AC35289, AC36395 - Southport Congregational Church-United Church of Christ v. Hadley - The doctrine of equitable conversion did not apply when the decedent contracted to sell real...more

Appellate Court Notes

by Pullman & Comley, LLC on

SC18942, SC18993, SC18994 - Perry v. Perry - Attorney appointed for a minor child cannot appeal the trial court’s award of only a portion of her fees w/o trial court permission. But that same attorney has personal...more

The confusion being engendered by the Uniform Trust Code’s default trust-revocation methodologies (§ 602(c)).

by Charles E. Rounds, Jr. on

In the pre-Uniform Trust Code UTC), unless the terms of a revocable inter vivos trust provided otherwise, the trust could not have been revoked by the settlor’s will. A will speaks at the time of the testator’s death, an...more

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

by Charles E. Rounds, Jr. on

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

by Charles E. Rounds, Jr. on

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...

by Charles E. Rounds, Jr. on

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

by Edward Amaral on

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

by Edward Amaral on

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?

by Charles E. Rounds, Jr. on

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?

by Alan Goldberg on

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...

by Charles E. Rounds, Jr. on

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

by IKE DEVJI on

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

by Flavio Stella on

The quantification of damage from medical malpractice...more

Privacy

PRIVACY >> UNLOW PROCCESSING <<

by Flavio Stella on

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

La responsabilità professionale medica

by Flavio Stella on

Aspetti e considerazioni sulla responsabilità professionale medica...more

Hard to Detect Nursing Home Neglect

by Rasansky Law Firm on

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

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