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
The Southern California Tax and Estate Planning Forum
Margaret M Hand discusses Advanced Topics on Probate Accountings (Probate Code section 1060, Fiduciary Truth Serum).
When most people hear about elder abuse, they think of cruel or apathetic caregivers leaving elderly family and friends unattended or physically abusing them. But elder abuse is more than physical abuse: when someone takes any property - including real estate, cash, or any other asset or interest - from a person over the age of 65 by fraud or undue influence, it constitutes financial elder abuse.