In his article for Bloomberg Law, Principal Ryan J. Szczepanik posits that anti-SLAPP motions should be prohibited in trust and will contest proceedings. Although anti-SLAPP motions are a powerful tool to combat SLAPP lawsuits, they have been abused by litigators threatening to use these motions against claims to enforce a no contest clause in the trust or will. According to Ryan, it’s time for them to go. #probatelaw #antiSLAPP
California law has long recognized a settlor’s right to restrict a beneficiary’s use of trust assets. Restraints on alienation, spendthrift clauses, shutdown clauses and wholly discretionary trusts are a few of the tools settlors may use when creating a trust for the benefit of someone likely to have creditor problems.
Hartog, Baer & Hand is excited to announce the elevation of David D. Little and Andrew V. Verriere to Principals, effective January 1, 2020.
In his article for Bloomberg Law, Principal Ryan J. Szczepanik posits that anti-SLAPP motions should[..]