Articles

Touching The Third Rail: Diversity, Culture, And Ethics In Estate Planning – Margaret G. Lodise, Published: ALI CLE’s Estate Planning Course Materials Journal, July 2022; 55th Annual Heckerling Institute on Estate Planning sponsored by the University of Miami School of Law, and published by LexisNexis, 2022 (co-authored by Stacy Singer, The Northern Trust Company, Chicago and Akane Suzuki, Perkins Coie)

Black Deaths Should Matter, Too! Estate Planning as a Tool for Antiracists – Terrence M. Franklin, Published: ACTEC Law Journal, Fall 2021; ALI CLE’s Estate Planning Course Materials Journal, April 2022; ALI CLE’s The Practical Lawyer, June 2022

Black Deaths Should Matter, Too! Estate Planning as a Tool for Antiracists – Terrence M. Franklin, Published: ACTEC Law Journal, Fall 2021 and ALI CLE’s Estate Planning Course Materials Journal, April 2022

Bending the Arc of History Toward Justice—What a Trusts and Estates Lawyer Can Do – Terrence M. Franklin, Published: The Practical Lawyer, February 2021

The 1846 Last Will of John Sutton-What’s Not So New in Will Drafting and Contests – By: Terrence M. Franklin , Published: Wealth Strategies Journal, September 27, 2018

Terry Franklin and Bob Sacks Contribute Article on Trust & Estate Litigation Trends to American Law Institute – CLE

Terry Franklin and Bob Sacks’ article, “Hot Topics in Estate, Trust & Conservatorship Litigation: Contests After Death, Pre-Death Contests, and Intentional Interference with Expected Inheritance (Among Other Things)” was recently published in the American Law Institute – CLE Estate Planning Course Materials Journal.The article addressed:

  • Capacity and undue influence issues that come up in will and trust contests, and specifically whether a different standard does, and should, apply to a challenge to a trust as opposed to a will.
  • Pre-death contests in both conservatorship or guardianship proceedings and under pre-death validation statutes.
  • Lawsuits that claim someone has intentionally interfered with the inheritance rights of another.
  • Practical tips for estate planners tied to situations in the planning stage where concerns arise about a possible future challenge on capacity or undue influence grounds.

It’s Time to Exempt No-Contest Clause Enforcement Proceedings From the Reach of the Anti-SLAPP Statute – By: Douglas E. Lawson , Published: California Trust and Estates Quarterly – Volume 22, Issue 2, 2016

Enforcing No-Contest Clauses in the Face of Anti-SLAPP Motions – By: Douglas E. Lawson, Published: Los Angeles Lawyer Magazine, January 2016

Tracing One Family’s Path to Freedom Through Love – By: Terrence M. Franklin, Published: American Bar Association Probate & Property, September/October 2014

‘Wobbly’ Justice at the Court of Appeal – By: Matthew W. McMurtrey and Leila B. Azari, Published: The Recorder, July 2013

An Associate’s Guide to Surviving Trial Crunch Time – By: G. Lisa Wick, Published: The Recorder, February 2013

Family Feuds – By: Robert N. Sacks, Published: Private Wealth, December 2008/January 2009

Crisis in Conservatorships – By: Margaret G. Lodise, Edward J. Corey, Jr., Peter S. Stern, Published: California Trusts & Estates Quarterly – Volume 13, Issue 1, Spring 2007

What is a Care Custodian Under Probate Code 21350 – By: Terrence M. Franklin and Matthew W. McMurtrey, Published: California Trust & Estates Quarterly – Volume 11, Issue 4, Winter 2005

Pitfalls and potholes: Lack of capacity and undue influence (pdf) – By: Robert N. Sacks, Published: Gift Planning, 4th Quarter 2002

Mediation: An effective method to resolve estate and trust disputes (pdf) – By: Robert N. Sacks, Published, Estate Planning, June 2000

Ethics for estate planners: The latest on the ABA Model Rules and Ethics 2000 (pdf) – By: Terrence M. Franklin, Published: American Bar Association Probate & Property, May 2004