Nikols v. Nikols — Personal trust and development rights ended at death
The Utah Court of Appeals held that a deceased beneficiary’s widow did not inherit his trust share, personal development agreement, or right of first refusal.
Uncategorized
Trusts and Estates
Uncategorized
Flouret v. Sagland — Entity-owned land falls outside New York’s heirs-property act
The Second Department held, in a case of first impression, that land wholly owned by a trust and an LLC is not heirs property under RPAPL 993.
Uncategorized
Hasian v. Queen — Probate fee award and conversion finding affirmed as modified
The Court of Appeals affirmed the probate and circuit court orders with a modification to the fee award. The record supported rejection of the purported will, a finding that Hasian converted estate assets, and an award of litigation expenses under the Probate Code’s authority to allocate costs as justice and equity require. The court clarified the proper legal basis and scope of recoverable fees rather than treating every requested theory as interchangeable.
Uncategorized
In re Compton — Client neglect and trust delay warrant public reprimand
The Supreme Court accepted the agreement and publicly reprimanded Compton. It found violations of the professional rules governing competence, diligence, communication, and related responsibilities. The court also required payment of disciplinary costs, an assessment through Lawyers Helping Lawyers with compliance with resulting recommendations, and completion of Ethics School within one year.
Uncategorized
Meeker Trust — Alaska Supreme Court upholds disinheriting trust amendment
The Alaska Supreme Court upheld a trust amendment that largely disinherited one son, deferring to findings of testamentary capacity and no undue influence.
Uncategorized
Estate of Barringer — Constructive-trust claim survives summary judgment
The South Carolina Court of Appeals revived a constructive-trust theory based on an alleged promise not to use a testamentary power of appointment to alter a family company’s voting control.