Washington State Governor Inslee recently signed SB 5034 into law. The law completely replaces the current form of the Washington Nonprofit Act, which was adopted in 1967, with more modernized provisions.
The new version...more
The Indiana Court of Appeals recently issued an opinion in In re the Matter of the Estate of Dean C. Krieger, reversing summary judgment dismissal of a will contest. The appellate court found that the opposing party presented...more
Recently, the Indiana Court of Appeals decided the case of Bergal v. Bergal. The case involved a man, Milton Bergal, who had four adult children from a previous marriage. Milton married Linda in 2009, and that same year he...more
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Recently, the Indiana Court of Appeals decided the case of Trowbridge v. Estate of Trowbridge. The case involved a man, Everett, who, despite their divorce, remained on good terms with his ex-wife, Christal....more
Earlier this week, the Indiana Court of Appeals affirmed judgment in favor of daughters who contested their father’s last will and testament on the basis that he lacked testamentary capacity and was unduly influenced by his...more
In 1905 the U.S. Supreme Court upheld a state’s exercise of general police powers to promote public safety during a public health crisis. In Jacobson v. Massachusetts (197 U.S. 11 (1905)), the Court considered the enforcement...more
The Indiana Court of Appeals recently decided the case of In re Matter of the Revocable Trust Agreement Created by the Settlor, Anil Kumar Sarkar. The case involved a husband, Anil, and wife, Dipa, both medical doctors and...more
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Recently, the Indiana Court of Appeals decided the case of Murphy, et al. v. Trustee of Star Financial Bank, et al. The case involved a woman named Janice who had executed a revocable living trust in 1990. ...more
After a trial court approved a guardian’s intermittent accounting without notice or a hearing, the Indiana Court of Appeals reversed, ordered a new hearing and vacated an attorneys’ fee award....more
When a will contest was filed in the wrong court, the trial court dismissed it with prejudice for failure to state a claim. However, the Indiana Court of Appeals reversed and reinstated the complaint, reasoning that it would...more
Earlier this month, the Indiana Court of Appeals decided In Re: The Scott David Hurwich 1986 Irrevocable Trust. The case – which involved three siblings, Scott, Jeff and Stacey – arose after Scott and Jeff began to question...more
When more than $250,000 was missing from a final trust and estate accounting, a beneficiary objected. But the trial court approved the accounting and closed the estate. A unanimous panel of the Indiana Court of Appeals...more
After a tragic car accident killed young parents, a race to the courthouse ensued. Various family members petitioned different courts for appointment as special administrator to pursue a wrongful death claim, and each was...more
On June 19, the Indiana Supreme Court decided In the Matter of the Supervised Estate of Kent v. Kerr, rejecting a pre-mortem settlement agreement the Court of Appeals had unanimously validated last year. Aging Hoosiers often...more
Children and vulnerable adults (i.e., adults with disabilities who need assistance with self-care) face unique threats because of their inability to recognize and protect themselves from danger. Organizations that have direct...more
On March 22, 2017, the United States Supreme Court decided Endrew v. Douglas County School District, No. 15-827, holding that the Individuals with Disabilities Education Act (IDEA) requires participating schools to offer an...more
On March 21, 2017, the United States Supreme Court decided National Labor Relations Board v. SW General, Inc., No. 15-1251, holding that the Federal Vacancies Reform Act of 1998 (FVRA) prevents any person nominated for a...more
On March 9, 2015, the Supreme Court decided Dept. of Transportation et al v. Ass’n of Am. Railroads No. 13-1080, holding that, based on the federal government’s control and supervision of Amtrak, Amtrak may act as a...more
On January 21, 2015, the Supreme Court of the United States decided Gelboim v. Bank of America Corp., No. 13-1174, holding that, because cases consolidated for multidistrict pretrial proceedings ordinarily retain their...more
On January 20, 2015, the Supreme Court of the United States decided Holt v. Hobbs, No. 13-6827, holding that the Arkansas Department of Correction’s grooming policy violates Section 3 of the Religious Land Use and...more