• Blog Post

    Terminating a Trust when its Goals are Impossible to Achieve

              Trusts can be terminated in a variety of ways.  Trusts may be terminated because, over time, the goals of the trust become impossible to achieve.  Last month, the Michigan Court of Appeals heard a case, Trupp v. Naughton, presenting such a scenario.[1]  The case was based a trust created for three of the settlor’s children:…

  • Blog Post

    Recorded Conversations: What Kanye West, Kim Kardashian, and Taylor Swift Can Teach Us

    Kanye West and Kim Kardashian are not law professors, but in their latest public feud with pop-star extraordinaire Taylor Swift, they are providing an interesting example of the legality of recorded conversations as well as their admissibility in civil court.   The Feud   Putting aside the inception of the feud (“Imma let you finish…”) and the back and forth…

  • Blog Post

    Eight Questions and Answers about Fiduciary Litigation

    What is fiduciary litigation?   Fiduciary litigation encompasses a wide range of legal actions including, without limitation, trust and estate litigation, will contests (also referred to as caveat proceedings), breach of individual and corporate fiduciary duty claims, and guardianship proceedings.  Fiduciary litigation is becoming increasingly relevant as the baby boomer generation continues to age.   What is a fiduciary?  …

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    Four Legal Documents Dementia Patients Should Have in Place

          A diagnosis of dementia, which includes Alzheimer’s disease and other memory loss and/or cognitive reasoning disorders, is potentially devastating for both the patient and their family. Following a dementia diagnosis, it is important to execute these four essential planning documents to avoid further hardship in the form of costly court battles. (1) Durable Power of Attorney –…