Kittie started dating her daughter’s boyfriend Butch when he was 17 years old. They apparently dated for over twenty years, during which time Kittie purchased him a house to “use.” Butch later moved into the house with his...more
Like many television shows that involve some kind of legal issue, the Apple TV+ dramedy, Bad Sisters, has a plot point that is inconsistent with most U.S. state laws. The show revolves around the death of John Paul “JP”...more
In Lawrence v. Bailey, a son killed his parents with a sledge hammer. No. 01-19-00799-CV, 2021 Tex. App. LEXIS 4716 (Tex. App.—Houston [1st Dist.] June 15, 2021, no pet. history)....more
David Baker, Lisa Linsky and Margaret Sanne will discuss slayer statutes and wrongful death as civil murder statutes make certain crime doesn’t pay....more
Producers, writers, and reporters have long been fascinated with high-stakes wealth, estate and trusts, and shareholder disputes. Whether tragic or comic, the drama between clients, families, business partners, as well as the...more
David F. Johnson presented his paper “Trustee Quandary: Criminal Activity By a Beneficiary With or On Trust Property,” to the Tarrant County Probate Bar Association on March 5, 2020. The presentation dealt with a trustee...more
Recent decisions provide worthwhile guidance for insurers handling slayer claims. According to traditional inheritance law, a “slayer” is one who intentionally kills, or conspires to kill, feloniously or unjustifiably,...more
The Colorado Supreme Court published an opinion this summer involving what is commonly referred to as the “slayer statute.” In re Estate of Feldman, 443 P.3d 66 (Colo. 2019). The slayer statute, Colo. Rev. Stat. §...more
Over the last decade, courts around the country have been asked to decide whether ERISA preempts state slayer statutes – state laws that prohibit a murderer from collecting benefits as the beneficiary of the victim’s estate...more
As we head into the thick of summer, all eyes are on President Trump's nomination to the U.S. Supreme Court to replace retiring Justice Anthony Kennedy and the impact the new Justice will have on shaping the law for...more
• In Laborers' Pension Fund v. Miscevic, the U.S. Court of Appeals for the Seventh Circuit held that the Illinois slayer statute is one state statute that is not pre-empted by ERISA. A slayer statute is a law that prevents an...more
We turn once again to the sad and difficult task that plan administrators face when distributing the benefits of a participant who has been murdered by his or her designated beneficiary. Sad for obvious reasons. Difficult...more
This month we review a recent Second Circuit decision addressing ERISA plan status as a class member in a securities shareholder class action. As discussed in the article, the decision exposes a potential conflict among the...more