Congratulations to Kevin O’Brien for his article published in The Recorder. Kevin analyzes the nuance of appeals within trusts & estates cases in the article, “In Trust Litigation, It’s Best to Take the ‘Appeal Now’ Approach.”
Many general civil litigators, at some point, will find themselves in probate court litigating a dispute among the trustees and beneficiaries of a family trust. There are some procedural issues that civil litigators must approach differently in probate court. At the top of this list is the timing and availability of the “interlocutory” appeal.
What questions should an attorney ask before hiring someone to prepare a client’s fiduciary accounting? What are the indicia of a poorly prepared accounting? Are waivers of account ever a good idea? Should the trust document routinely waive accountings? Ever? Is there anything a trustee’s attorney can do to shorten the statute of limitations on breaches of trust disclosed in an accounting?
Hartog, Baer & Hand is the only Trusts and Estates boutique firm among the Top 20. This is a tremendous honor, and we congratulate our entire team for the outstanding work they do for HBH clients each and every day.
In his article for Bloomberg Law, Principal Ryan J. Szczepanik posits that anti-SLAPP motions should be prohibited in trust and will contest proceedings.