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Attorney Fees
Attorney Fees Cartoons

Attorney Fees

Estate of Stevenson; estate administrator; contingency fee agreement; greedy lawyers.
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Related Cartoons

In re Estate of Hall
In re Estate of Hall
Although will generally requires two attesting witnesses, document may be validated with clear and convincing evidence that decedent intended document to be his will. Notary public.
In re Estate of Kuralt
In re Estate of Kuralt
When document evinces present testamentary intent, court will honor testator intent. Codicil; holographic will.
Lambeff v. Farmers Co-operative Executors & Trustees Ltd.
Lambeff v. Farmers Co-operative Executors & Trustees Ltd.
By statute omitted child who has been left without adequate provision for her proper maintenance, education, or advancement in life may claim provision from her parents estate. Preterrmitted heir.
Federal Trade Commission v. Affordable Media, LLC
Federal Trade Commission v. Affordable Media, LLC
When trust is self-funded, was set up specifically to take advantage of laws shielding trust from courts, and is subject to control by beneficiaries, trust is subject to court order to turn over assets. Asset protection trust; ponzi scheme.
Eccentricity Is Not Testamentary Incapacity
Eccentricity Is Not Testamentary Incapacity
Wilson v. Lane; Testamentary capacity; eccentricity or strange beliefs do not mean that a person is incapable of making a will, provided the person can form a rational desire regarding the disposition of his or her property; incapacity.
Tortious Interference With An Expectancy
Tortious Interference With An Expectancy
Schilling v. Herrera; To bring action for tortious interference with expectancy, plaintiff must show the existence of an expectancy, intentional interference with expectancy through tortious conduct, causation, and damages; durable power attorney.
Inter Vivos Trusts May Not Be Challenged
Inter Vivos Trusts May Not Be Challenged
Linthicum v. Rudi; Beneficiaries of a revocable living trust have no standing to challenge amendments to the trust, but may challenge the settlor's capacity through the guardianship statutes; inter vivos trust.
Scope Of Power Of Attorney Is Determined By Principal's Intent
Scope Of Power Of Attorney Is Determined By Principal's Intent
In re Estate of Kurrelmeyer; The scope of a power of attorney is determined by the principal's intent when the power was created; fiduciary duty.
Trusts May Be Oral
Trusts May Be Oral
In re Estate of Fournier; An oral trust may be established by clear and convincing evidence that the conditions for creation of a trust are met; declatory judgment.
Draft a Will
Draft a Will
Nunnenman v. Estate of Grubbs; change a will; change benficiary; designate beneficiary.
Designation of Beneficiary
Designation of Beneficiary
Araiza v. Younkin; changing beneficiary; living trust; totten trust.
Pretermitted Heir Statute
Pretermitted Heir Statute
In re Estate of Jackson; the pretermitted heir statute applies only to wills, and not to revocable trusts.

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