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Articles 241 - 259 of 259
Full-Text Articles in Estates and Trusts
Protective Proceedings - New Realities: Changes To Guardianship And Conservatorship Law, Oregon Law Institute, Mark M. Williams, Jennifer L. Wright, Wesley D. Fitzwater, Carol J. Kyle, Penny L. Davis
Protective Proceedings - New Realities: Changes To Guardianship And Conservatorship Law, Oregon Law Institute, Mark M. Williams, Jennifer L. Wright, Wesley D. Fitzwater, Carol J. Kyle, Penny L. Davis
Oregon Law Institute, 1995
Course Materials from the September 22, 1995 Program in Portland
Planning For Moderate Estates, Oregon Law Institute, Heather O. Gilmore, Richard A. Pagnano, Wesley D. Fitzwater, Shirley A. Bass, S. Jane Patterson, Mark M. Williams
Planning For Moderate Estates, Oregon Law Institute, Heather O. Gilmore, Richard A. Pagnano, Wesley D. Fitzwater, Shirley A. Bass, S. Jane Patterson, Mark M. Williams
Oregon Law Institute, 1995
Course Materials from the May 12, 1995 Program in Portland
Ethical Considerations In Medicaid Estate Planning: An Analysis Of The Aba Model Rules Of Professional Conduct, Eleanor Crosby Lanier, Ira M. Leff
Ethical Considerations In Medicaid Estate Planning: An Analysis Of The Aba Model Rules Of Professional Conduct, Eleanor Crosby Lanier, Ira M. Leff
Scholarly Works
The purpose of this article is to provide a starting point for discussion of ethical issues related to the practice of Medicaid estate planning. The authors explore the history of attorney involvement in planning and financing long-term care. They also analyze how the ABA Model Rules of Professional Conduct address the ethical dilemmas that arise in practice, using a case study to illustrate some of these issues. The individual authors' perspectives on this practice differ with respect to certain issues. One is a former Legal Services lawyer, and the other has a private practice which focuses on Medicaid estate planning.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Real Estate Law In Probate Practice: Tales Of Woe, Warning, And Wisdom, 23 J. Marshall L. Rev. 121 (1989), Frank J. Harrison
Real Estate Law In Probate Practice: Tales Of Woe, Warning, And Wisdom, 23 J. Marshall L. Rev. 121 (1989), Frank J. Harrison
UIC Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
On Being Pleasant: Ethics In Estate Planning, Thomas L. Shaffer
On Being Pleasant: Ethics In Estate Planning, Thomas L. Shaffer
Journal Articles
The play “Harvey” teaches a valuable lesson on legal ethics through the character Elwood. Elwood teaches how being pleasant does more for a person than being smart. Legal ethics in estate planning is examined through three points of view: the reality of professional life in estate planning, the reality of client life in estate planning, and the reality of life in families that are affected by estate planning. In discussing each point of view, the Author uses the actions of Elwood to demonstrate and argue that professional ethics is not just a system for staying out of trouble, but is …
Ethical Problems For Lawyers Upon Trust Terminations: Conflicts Of Interest, Joel C. Dobris
Ethical Problems For Lawyers Upon Trust Terminations: Conflicts Of Interest, Joel C. Dobris
University of Miami Law Review
Trust terminations pose ethical problems for lawyers. Beneficiaries often view the trustee's lawyer as "their" lawyer. The Code of Professional Responsibility and the recently adopted Model Rules of Professional Conduct provide little guidance in resolving the conflicts of interest that arise in trust terminations
A Source Of Revenue For The Improvement Of Legal Services, Part Ii: A Recommendation For The Use Of Clients' Funds Held By Attorneys In Non-Interest-Bearing Trust Accounts To Support Programs Of The Texas Bar Association And An Analysis Of The Federal Income Tax., Taylor S. Boone
St. Mary's Law Journal
Abstract Forthcoming.
Reflections On Estate Of Rothko: The Role Of The Legal Advisor In Relation To The Artist, Gustave Harrow
Reflections On Estate Of Rothko: The Role Of The Legal Advisor In Relation To The Artist, Gustave Harrow
Cleveland State Law Review
Estate of Rothko reveals the type of responsibility a legal advisor to an artist ought to assume if he is to render a service designed to advance not only his client's monetary interests, but the integrity of his art and his artistic aspirations as well.
Class Gifts Of Future Interests: When Is Survival Required?, Herman L. Trautman
Class Gifts Of Future Interests: When Is Survival Required?, Herman L. Trautman
Vanderbilt Law Review
Because of recent significant developments, this article will under-take to deal with the requirement of survival in class gifts of future interests both with respect to the responsibility of a lawyer who plans an estate and with the problem confronting the courts in the many cases where either holographic wills are allowed or lawyers fail to discharge their professional responsibility concerning this litigious issue. By way of introduction, it will first stress the importance of a proper training for professional responsibility in this area. It will then attempt to provide a proper perspective for the courts to deal with the …
Abstracts Fo Recent Cases, Ellen Fairfax Warder
Abstracts Fo Recent Cases, Ellen Fairfax Warder
West Virginia Law Review
No abstract provided.
Book Reviews, Daniel H. Pollitt, Dale W. Broeder, George M. Joseph, Robert E. Mathews, W. H. Howery, Brendan F. Brown, Ilmar Tammelo, W. Paul Gormley, Chester James Antieau, Albert I. Kegan, Delmar Karlen, Albert A. Ehrenzweig
Book Reviews, Daniel H. Pollitt, Dale W. Broeder, George M. Joseph, Robert E. Mathews, W. H. Howery, Brendan F. Brown, Ilmar Tammelo, W. Paul Gormley, Chester James Antieau, Albert I. Kegan, Delmar Karlen, Albert A. Ehrenzweig
Journal of Legal Education
No abstract provided.
Book Reviews, William J. Bowe, Ralph S. Brown Jr., Leonard S. Powers, Hiram H. Lesar, Leonard Oppenheim, John S. Bradway, Richard C. Maxwell, Edward L. Barrett Jr., Charles H. Livengood Jr.
Book Reviews, William J. Bowe, Ralph S. Brown Jr., Leonard S. Powers, Hiram H. Lesar, Leonard Oppenheim, John S. Bradway, Richard C. Maxwell, Edward L. Barrett Jr., Charles H. Livengood Jr.
Journal of Legal Education
No abstract provided.
Book Reviews, Robert L. Hale, John P. Dawson, Monrad G. Paulsen, William R. Roalfe, John C. Payne, Maxwell Cohen, L. C. B. Gower, John S. Bradway, Paul Sayre, Herbert A. Berman, James S. Savage, Joseph Dainow, Edwin P. Friedberg, Edwin J. Hadd, Kenneth L. Black, H. W. Hannah, Dix W. Noel, Robert F. Koretz, Heinrich Kronstein
Book Reviews, Robert L. Hale, John P. Dawson, Monrad G. Paulsen, William R. Roalfe, John C. Payne, Maxwell Cohen, L. C. B. Gower, John S. Bradway, Paul Sayre, Herbert A. Berman, James S. Savage, Joseph Dainow, Edwin P. Friedberg, Edwin J. Hadd, Kenneth L. Black, H. W. Hannah, Dix W. Noel, Robert F. Koretz, Heinrich Kronstein
Journal of Legal Education
No abstract provided.
Heir Hunting -- A Profession Or A Racket?, Frank C. Ingraham
Heir Hunting -- A Profession Or A Racket?, Frank C. Ingraham
Vanderbilt Law Review
Although the cases clearly define the law and public policy applicable to the genealogist's contract, the important variable is the individual factual situation and its implications. The courts have upheld the heir-hunter's contract when the following factors were predominant in the suit: where the services of the genealogist amounted to valuable consideration; where the parties were competent and on equal footing; where there was no implied or express agreement to participate in existing or contemplated litigation; where the beneficiary accepted the evidence which established his claim and received the benefit of the claim; where there was no duty on the …
Notes, Michigan Law Review
Notes, Michigan Law Review
Michigan Law Review
The information given in the notes is derived from inspection of the books, publishers' literature, and the ordinary library sources.
Corporations-What Amounts To Practice Of Law-Solution Of The Difficulty By Agreements
Corporations-What Amounts To Practice Of Law-Solution Of The Difficulty By Agreements
Michigan Law Review
The defendant trust company advertised that it made a specialty of drawing contracts, deeds, mortgages and wills. It also purported to specialize in the drawing of trust agreements and the management of estates. In a statutory contempt proceeding, upon proof of the performance of these functions for compensation, held the defendant was engaged in the practice of law, and guilty of contempt. In re Eastern Idaho Loan and Trust, Co. (Idaho 1930) 288 Pac. 157.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Administrator--Appointment of, on Disappearance of Person; Agency--collection of Notes--Possession of the Instrument--Apparent Authority; Appeal--Right to Appeal After Satisfaction of Judgment; Attorney and Client--divorce Cases--contingent Fees--Prevention of Reconciliation; Attorneys--disbarment--Attacking Honesty of Judge; Bankruptcy--city Taxes--Priority; Carriers--Death by Wrongful Act--Stipulations Avoiding Liability for Negligence Toward free Passenger--Validity and Effect; Carriers--signed Ticket not the Contract; Constitutional Law--Class Legislation--Use of Flag for Advertising Purposes; Constitutional Law--Jurisdiction of Equity to Try Title to Office--Injunction; Contract--Validity--Conditions Attached to Goods--Purchase by Retail Trader from Wholesale Trader with Notice; corporations--forfeiture of Charter--Mandamus; Corporations--Garnishment of Stockholder for Unpaid Subscription; Criminal Law--Self-Defense; Deeds--Delivery--Testamentary Disposition; Ejectment--Description--Verdict--Judgment; Ejectment--Equitable Title in Plaintiff; Evidence--Admissions--Abandoned Pleadings; …