Guardianship Judge May Deviate from Divorce Court Custody Order
In a divorce proceeding, the court determines who should have custody (and decision-making authority) over any minor children. When a child subject to such an order reaches majority, the court order usually expires. But when the now-adult child has a disability, either or both parents may seek appointment as guardian. Does the divorce court custody […]
Choosing a Lawyer — a Cautionary Tale
How would you go about choosing a lawyer? The traditional advice is to ask friends, ask lawyers you know and trust for referrals, and check the publicly available ratings systems. Usually — almost always — those approaches work. Sometimes, though, choosing a lawyer can be more difficult. Lawyers know more about their experience, capabilities and […]
Attorney Fees for Guardian Approved Over Objection
If you act as guardian or conservator, you know that it can be a challenging job. Sometimes you need legal counsel. If you incur attorney fees, can you charge them to the estate? The general rule is that you can collect your attorney fees from the estate. There are exceptions. If your actions benefit you […]
Irrevocable Trust Might Still be Terminated by Beneficiary
Might an irrevocable trust become revocable? That was the question faced by a South Dakota probate judge and, more recently, the state’s Supreme Court. It turns out that the trust’s beneficiary may be able to insist on termination of an irrevocable trust. A South Dakota story Mary Novotny, a widow living near the Nebraska border, […]
Trust Lawyer’s Fees Reduced by Over $110,000
FEBRUARY 27, 2017 VOLUME 24 NUMBER 9 General rule: a trust lawyer’s fees can be charged to the trust, at least where the trustee has not misbehaved. Significant exception: courts can reduce fees for a variety of reasons, and “misbehaved” may have different meanings. The story Patricia Campbell was trustee of a special needs trust […]
Deceased Trustee Not Liable for Punitive Damages in Kansas Case
NOVEMBER 21, 2016 VOLUME 23 NUMBER 44 When Alain Ellis died in 2007, she left about $2 million dollars in a trust. Her husband Harvey was the trustee of the trust, and entitled to receive all of the trust’s income. Upon his death the remaining trust assets would be distributed among her two sons and […]
Special Needs Trust Pays Substantial Legal Fees in Dispute
SEPTEMBER 26, 2016 VOLUME 23 NUMBER 36 Questions often arise about what kinds of payments may, or should, be made from a trust. When the trust is a “special needs” trust, the questions sometimes can be even more pointed — the purpose of a special needs trust, after all, is usually to provide for supplemental […]
Lawyers Continue Battle After Guardianship Dismissal
MAY 23, 2016 VOLUME 23 NUMBER 20 It will come as no surprise to anyone who has been involved in guardianship and conservatorship proceedings: the legal fees and related costs can often spiral out of control. Though most guardianship proceedings do not cost tens of thousands of dollars, some do. In fact, the battle can […]
When You Need to Talk With a Lawyer
OCTOBER 5, 2015 VOLUME 22 NUMBER 36 So often we field questions (on this website and in our practice) about whether people need to consult a lawyer. Unsurprisingly, perhaps, there is a terrific resistance to seeking legal advice. We lawyers don’t always help — our fees can be substantial, and unpredictable. We speak a language […]
Attorney’s Fees in Probate Proceeding Challenged, Approved
SEPTEMBER 7, 2015 VOLUME 22 NUMBER 32 How much can an attorney charge in a probate proceeding? In Arizona, at least, the principal rule is one that is difficult to determine: attorney’s fees must be “reasonable”. But what does that actually mean? A recent Arizona Court of Appeals decision approving the fees charged by the […]
