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Trustees Trusts Mental Capacity

Charles E. Rounds, Jr. - Suffolk University...

May a Mentally Incapacitated Trustee Be Held Personally Liable for His Breaches of Trust?

Assume sole trustee of an irrevocable discretionary trust for benefit of deceased settlor’s descendants living from time to time suffers a sudden unforeseen mental disability that causes trustee to imprudently administer the...more

Sands Anderson PC

Don’t Pay Lawyers Unnecessarily When You Die

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It may seem odd to hear a lawyer say this, but much of my work as an estate planner is helping people avoid future entanglements with lawyers. I regularly help my estate planning clients identify places where litigation or...more

Downey Brand LLP

Disney Grandson Languishes in the “Unhappiest Place on Earth”

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While Disneyland may be the “Happiest Place on Earth,” a California probate court may be the opposite for a Disney heir, mused the U.S. Court of Appeals in Lund v. Cowan (9th Cir. 2021) ___ F.3d ___. Bradford Lund, a 50...more

Downey Brand LLP

Daughter Liable for Interfering with Stepmother’s Inheritance

Downey Brand LLP on

Intentional interference with expected inheritance (IIEI) was recognized as a legal claim in California about eight years ago in Beckwith v. Dahl (2012) 205 Cal.App.4th 1039. Last week, the Court of Appeal issued the first...more

Downey Brand LLP

Guardian of the Galaxy – What is the Role of a Guardian Ad Litem in Trust and Estate Disputes?

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Most California trust and estate disputes involve adults who can make their own choices about what to seek and how hard to litigate, such as the common scenario of siblings competing for assets. But many disputes, or at...more

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