News & Analysis as of

Wills, Trusts, & Estate Planning Alternative Dispute Resolution (ADR)

Read Wills, Trusts, & Estate Planning updates, articles, and legal commentary from leading lawyers and law firms:

Be Careful With That Power of Attorney!: Arbitration Clauses and Nursing Home Lawsuits

by LeClairRyan on

On May 15, 2017, the Supreme Court of the United States handed down its opinion in Kindred Nursing Centers, L.P. v. Clark. This case addressed the issue of whether an agent acting pursuant to a power of attorney could bind...more

Best Practices for Managing Wills Between Family Members

by JAMS on

A mother dies, leaving her daughter 75 percent of her estate. Her son, who thought he would receive 50 percent, contests the will. The daughter claims that their mother must have changed her will to compensate the daughter...more

Chris Lazarini Provides Insight on Compelling Non-Signatories to Arbitrate Disputes

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a widow and one-time named beneficiary of her husband's IRA account acquired the account assets after her husband's death, although she was not...more

Plaintiff Who Could Not Afford to Pay for Arbitration Was Allowed to Pursue Her Malpractice Action in Court

by Hinshaw & Culbertson LLP on

Tillman adv. Rheingold Firm, No. 13-56624, 2016 BL 190432 (9th Cir. June 15, 2016) - Brief Summary - A former client who had agreed to arbitrate disputes with her lawyers, but ultimately could not afford to pay the...more

TN COA: Trustee Lacked Authority To Enter Pre-Dispute Arbitration Agreement

by Burr & Forman on

The Tennessee Court of Appeals recently held that a trustee’s signature of brokerage account agreement containing a pre-dispute arbitration clause did not bind the trust’s minor beneficiary. The Court held that an “all...more

In 3 Recent Decisions, Supreme Court of Arkansas Deeply Divided on Arbitration

The Supreme Court of Arkansas has issued three opinions within the span of four weeks, all on the topic of whether defendants can compel arbitration. Each of the opinions came with a vigorous dissent. The cases offer an...more

60 Crummey Withdrawal Beneficiaries Allowed

by Charles (Chuck) Rubin on

For many years, courts have recognized that gifts to a trust can qualify for the gift tax annual exclusion as “present interest” gifts if withdrawal powers are granted to beneficiaries.The IRS is hostile to persons being...more

Tax Policy Update

by McGuireWoods LLP on

NUMBER OF THE WEEK: $23 Billion. The total revenue generated by the additional Medicare tax and the net investment income tax used to pay for the Affordable Care Act. The total exceeds the Joint Committee on Taxation’s 2010...more

Report From Counsel: Insights And Developments In The Law - Winter 2014/2015

by Archer Norris PLC on

In this Newsletter: - Federal Advertising Guidelines for Businesses - Case by Case - Arbitration Clauses in Employment Contracts - Life Insurance Can Be Part of Your Estate Plan - Employment...more

Third Circuit Reaffirms the Difficulty of Binding a Non-Signatory to Arbitration

by Pepper Hamilton LLP on

Federal law’s much-talked-about presumption in favor of enforcing arbitration clauses has its limits. On August 11, 2014, the United States Court of Appeals for the Third Circuit identified one of those limitations: the...more

The enforceability of a trust accounting clause’s failure-to-object provision (the non-judicial settlement of trustees’ accounts)

by Charles E. Rounds, Jr. on

It is common for the accounting clause of an inter vivos trust instrument to contain a provision along the lines of the following: “The written approval of such an account by the person or persons thus entitled to such...more

U.S. Supreme Court Asked to Decide Whether Wrongful Death Suits are Subject to Arbitration

The United States Supreme Court was recently asked to determine whether the Federal Arbitration Act (FAA) preempts a state law rule that prohibits enforcement of pre-dispute arbitration agreements in certain wrongful death...more

California Weighs In: No Mandatory Arbitration For Dispute Over Validity Of Trust Instrument

by Ervin Cohen & Jessup LLP on

A hot topic in estate planning these days is whether mandatory arbitration clauses should be included in trusts. The idea is to require trust beneficiaries to arbitrate their disputes rather than going through the time and...more

Tennessee Insurance Legal News - January 2014 • Volume 3, Number 1

by Dickinson Wright on

In This Issue: - ARBITRATION PROVISION WITHIN TENNESSEE’S UNINSURED MOTORIST STATUTE HELD NOT APPLICABLE TO INSURANCE POLICIES ISSUED AND DELIVERED OUTSIDE TENNESSEE: The Tennessee Court of Appeals addressed the...more

Pension News - November 2013

by DLA Piper on

In This Issue: - Automatic enrolment - The Pensions Regulator - Pension Protection Fund - Department for Work and Pensions - Case law - Other News - On The Horizon - Contact Details -...more

Fatigue, Distress, And Second Thoughts Not Enough To Void A Mediated Settlement Agreement [Florida]

by Charles (Chuck) Rubin on

Most will and trust disputes in Florida involve at least one mediation attempt – either by order of the trial court or agreement of the parties. Such mediations usually begin in the morning, and often do not wind-up until the...more

Florida statute provides confidentiality in disputes involving wills and trusts

by JAMS on

Which American president was the first to incorporate arbitration as a dispute resolution method in his will? Every lawyer swears an oath to maintain the secrets of clients. This is the client’s guarantee that when he...more

Court Issues Opinion Holding That Parties Can Enforce Arbitration Clauses In Trust Documents

by Winstead PC on

Parties may want to resolve trust disputes in arbitration. There are perceived cost savings associated with arbitration, and arbitration can be quicker than normal litigation. But one of the main benefits is that the...more

Trial lawyers beware of the in terrorem trust clause: A nasty trap that can keep on springing.

by Charles E. Rounds, Jr. on

An “in terrorem” or “no-contest” clause in a trust instrument provides for the forfeiture or reduction of the equitable property interest of a beneficiary who contests the arrangement. In a recent New Hampshire case, Shelton,...more

Executors and Personal Representatives Equally Bound to Arbitrate Wrongful Death Claims

The Eleventh Circuit has “ironed out a wrinkle” in Alabama’s arbitration jurisprudence that seemed to find executors outside the scope of arbitration contracts signed by the decedent. In Entrekin v. Internal Medicine...more

Mediation and Arbitration have their limitations when it comes to trust disputes.

by Charles E. Rounds, Jr. on

Unless the fiduciary issues and the representation issues in a trust dispute are properly sorted out in advance, there is a very real risk that an ill-considered rush to mediate or arbitrate will prove an expensive and...more

Probate battles: Where there's a will, there's a relative

by JAMS on

Originally published in the Daily Journal - March 14, 2012. Imagine this hypothetical situation: A mother dies, leaving her daughter 75 percent of her estate. Her son, who believed he was to receive 50 percent, contests...more

Agências de "Rating" e Governança Corporativa: Paradigma ou necessária coexistência

by Janahim Figueira on

O objetivo deste estudo é demonstrar os pontos positivos e negativos na atuação das chamadas agências de classificação de risco, tanto nos EUA, bem como na Europa e no Brasil. O...more

NEWSLETTER BARRO LAW FIRM - FAMILY GOVERNANCE CODES

by Cecile BARRO on

Methodology of organizing succession and managing the family estate and immaterial property with an proactive management of conflicts...more

Russian Legal Update - June 2011

by Dechert LLP on

In This Issue: Russia Acts Quickly to Restore the Right for Employers to Register Foreign Nationals: the Visa Regime for Highly Skilled Foreign Professionals is Fleshed Out - p1 Mediation Framework Adopted in Russia -...more

30 Results
|
View per page
Page: of 2
Cybersecurity

Follow Wills, Trusts, & Estate Planning Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.