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Full-Text Articles in Estates and Trusts

Probate Funding And The Litigation Funding Debate, Jeremy Kidd Jan 2019

Probate Funding And The Litigation Funding Debate, Jeremy Kidd

Articles

Third-party funding of legal claims is becoming more common, and increasingly more controversial. Whether in the legislative arena or in the courts, the fight over whether and how independent parties might provide funding to litigants has become heated. The fight now threatens to spill over into the probate realm, where funders have begun purchasing probate rights from putative heirs. These probate funding transactions share many characteristics with broader litigation funding but also differ in important respects. The meager existing literature tends to address the issue in a pre-biased and methodologically unsound way, making it impossible to properly assess the nature …


Clarifying The “Probate Lending” Debate: A Response To Professors Horton And Chandrasekher, Jeremy Kidd Jan 2018

Clarifying The “Probate Lending” Debate: A Response To Professors Horton And Chandrasekher, Jeremy Kidd

Articles

The debate over third-party funding of legal claims just got more interesting. The debate already had plot twists, such as free-market scholars lining up in opposition to the U.S. Chamber of Commerce and alongside proplaintiff scholars who they oppose in tort reform debates. Now add to the mix a recent paper by Professors Horton and Chandrasekher that introduced an entirely new angle to the debate: funding of probate disputes. Now that this parallel area of funding has been identified, comparing and contrasting probate funding with litigation funding should illuminate the incentives that funders/recipients face in both scenarios. By pointing out …


Newsroom: Pbc: Safe Passage Through Guardianship, Roger Williams University School Of Law May 2015

Newsroom: Pbc: Safe Passage Through Guardianship, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Dealing Fairly With Estate And Trust Beneficiary Complaints, Robert Whitman Jan 2008

Dealing Fairly With Estate And Trust Beneficiary Complaints, Robert Whitman

Faculty Articles and Papers

No abstract provided.


Estate Litigation In Kentucky, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Jul 2001

Estate Litigation In Kentucky, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Estate Litigation in Kentucky held by UK/CLE in July 2001.


Estates & Trusts: 2001 Survey Of Florida Law, Eloisa Rodriguez-Dod Jan 2001

Estates & Trusts: 2001 Survey Of Florida Law, Eloisa Rodriguez-Dod

Faculty Publications

This article discusses relevant changes in Florida probate and trust statutes and regulations through mid-2001, updating a prior survey published in 1998. The article highlights and summarizes, some aspects of the elective share provisions and other legislative changes to the Florida Probate Code and Trust Administration Statutes. Amendments to the Florida Probate Rules are also highlighted. Lastly, the article highlights some significant cases decided during mid-2001 that affected this area of the law.