Inheritance theft is a widespread but hidden phenomenon afflicting every level of society. During the next twenty years, baby boomers and their children will inherit an estimated one hundred trillion dollars, much of which will be hijacked by family members, associates, or strangers. Everyone who might give or receive an inheritance is a potential victim.The legal and practical advice in this book teaches:"Who steals inheritances"Why, When, and How inheritances are stolen"Why we are all potential victims"How to protect yourselfThis book includes Q&As on inheritance law, quizzes to determine the security of your estate, and checklists on how to protect yourself.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Loring and Rounds: A Trustee's Handbook is an invaluable practical resource that addresses the rights, duties, and obligations of the parties once the trustee takes title to trust property. This Handbook steers you through this complex field, providing property owners with a mechanism for seeing to the needs of beneficiaries in cost-effective, creative, efficient, and flexible ways. Loring and Rounds: A Trustee's Handbook is a handy, ready reference, and a gateway to the treatises, restatements, law review articles, uniform statutes, and cases you need to know. This fully integrated and bound volume of the 2021 Handbook brings you up to date on the latest cases, statutes, and developments, as well as new or updated discussion of topics as follow: The Handbook continues the lengthy process of pruning some of the deadwood; significant exposition has been cut, revised, or combined. In sum, the Handbook is now even leaner, meaner, and more usable than ever. In addition, numerous new cases and secondary sources have been added. These include the following: The 2021 Handbook fully covers the fourth income and principal act issued by the Uniform Law Commission, namely the Uniform Fiduciary Income and Principal Act (2018), otherwise known as UFIPA. UFIPA has been covered extensively in this edition and has been added in many separate sections. A new section covers remedies at law for breaches of trust, such as the tort of intentional interference with inheritance or acquisition by inter vivos transfer. In addition, the Handbook has been updated with 200+ new cases, including: Roth v. Jelley, holding that, when it comes to a judicial proceeding that could adversely affect the equitable property rights of a trust beneficiary,the beneficiary is entitled under the Due Process Clause of the Fourteenth Amendment to notice and an opportunity to be heard. This case also discusses the various consequences attendant to the failure to provide such notice. Hector v. Bank of N.Y. Mellon, where the court, having in part looked to the Restatement (Third) for guidance, held that the designated passive corporate trustee of a securitized fund of mortgage-backed notes would not be personally at fault, and therefore, not personally liable for any injuries to the tenants of a certain parcel of real estate, title to which the trustee had acquired via foreclosure, that might be occasioned by their exposure to lead paint in and about the premises. Murphy v. Trustee of Star Financial Bank, a case discussing the unfortunate linkage of survivorship and per stirpes: "to their surviving children per stirpes." The court held that the way in which "surviving" and "per stirpes" were linked rendered the provision itself ambiguous in that the "condition of survival negates the right of representation inherent in a per stirpes distribution." 2020 Tax Rates for Trusts and 2021 Projected Tax Rate Schedule for Trusts Note: Online subscriptions are for three-month periods. Previous Edition: Loring and Rounds: A Trustee's Handbook, 2020 Edition, ISBN 9781543818666
In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.
Among members of the legal profession and judiciary throughout the world, there is a genuine concern with establishing and maintaining high ethical standards. It is not difficult to understand why this should be so. Nor is it difficult to see the professional standards are not completelydivorced from ordinary morality. Indeed, legal ethics and professional responsibility are more than a set of rules of good conduct; they are also a commitment to honesty, integrity, and service in the practice of law. In order to ensure that the standards established are the right ones, it isnecessary first of all to examine important philosophical and policy issues, such as the need to reconsider the boundaries between, on the one hand, a lawyer's obligation to a client and, on the other, the public interest. It is also to be appreciated that conflicts of interest are pervasive andthat all too often they are so common that they are not recognized as such. Yet rarely is public policy clearly cut. The underlying themes of this book are: * that the move to more definite rules is not only inevitable but also desirable * that existing codes of professional practice cannot simply be treated as a system of specific rules * that the current set of ethical rules is contestable and requires further refinement, perhaps even radical surgery * and that legal ethics must be conceived in the more general area of professional responsibility The wider ethical issues of the operation of the legal profession as a whole are now firmly on the agenda. Both law schools and law professionals have a role to play in developing acceptable standards in this area and it is therefore appropriate that the essays in this volume are written by adistinguished group of law teachers and practitioners together with senior members of the judiciary. The book opens with an overview chapter, followed by three chapters analysing the ethical rules pertaining to the judiciary, the Bar, and solicitors, written by, respectively, the Master of the Rolls, Anthony Thornton, and Alison Crawley and Christopher Bramall. The following three chapters lookat the specific issues of confidentiality (Michael Brindle and Guy Dehn) and the particular ethical problems in the family and criminal law jurisdictions (Sir Alan Ward and Professor Andrew Ashworth respectively). Chapter 8, by Sir Alan Paterson, discusses the teaching of legal ethics, whilstChapters 9 and 10, by Marc Galanter, Thomas Palay, and Cyril Glasser put the subject in its wider social and professional context. The book finishes with a chapter which examines what lawyers may learn from looking at the study of medical ethics.
