Your Secret’s Safe with Your Estate Planning Attorney, Or Is It?
by Lauren A. Morris A mother visits her attorney to discuss her estate plan. She expects that the conversations she has with her attorney will be forever confidential and privileged, particularly when...
View ArticleLitigation Victory
by Carol Warnick The Holland & Hart Trust and Estate Litigation Group announces a big litigation victory. After a three-day trial, ruling from the bench, the court upheld our trustee client’s...
View ArticleNo-Contest Clause Upheld by the Wyoming Supreme Court With No Probable Cause...
by Carol Warnick No-contest clauses (sometimes called in terrorem clauses) are extremely common in today’s litigious society. A no-contest clause essentially makes all gifts under the will or trust...
View ArticleWyoming Creates a New Chancery Court Which Will Hear Trust Cases
by Carol Warnick Wyoming has created a chancery court which will be authorized to hear cases in fifteen (15) specific areas, including cases alleging breach of fiduciary duty and transactions governed...
View ArticleReminder – Mandatory Notice Provisions in CUTC
by Brooke Simons As we have just passed the one-year anniversary of the CUTC being signed into law, now seems like an appropriate time to go over a few reminders with regards to its mandatory...
View ArticleBest Practice Tip: TPP Memos
by Brooke Simons When viewing an estate as a whole, Tangible Personal Property (“TPP”) is not usually the most financially significant component. However, it is often the single most bitterly...
View ArticleNo Contest Clauses – Not Just for Wills
by Matthew Skotak Fiduciary litigation continues to grow and often times outpaces the development of case law regarding the myriad of issues that arise in estate and trust disputes. Historically...
View ArticleUtah Uniform Electronic Wills Act Set for Approval
by Peter K. Smyth Although the COVID-19 pandemic has changed many aspects of our lives, one thing that has not changed is the importance of estate planning. Creative, in-person signing ceremonies have...
View ArticleFreirich v. Rabin – Confidentiality and Attorney-Client Privilege After Death
by Richard Kiely In the midst of a global pandemic and a presidential election, the Colorado Supreme Court still found a way to make news within the legal community by addressing the application of a...
View ArticlePitfalls of Naming Minors as Beneficiaries
by Jody H. Hall It is natural for clients to want to name their children or grandchildren to receive their assets after their death However, the naming of a beneficiary directly on an account,...
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