Monthly Archives: October 2011

The Long-Standing Connection Between Real Estate Law and Probate

I am reading a series of lectures delivered in 1972 by S.F.C. Milsom and collected in The Legal Framework of English Feudalism (Cambridge University Press 1976).  The text is difficult, as it frequently refers to rights, remedies, and procedures that long ago ceased to be relevant in the law of English-speaking nations. Still, as I …

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Estate of Giraldin – Trustee Does Not Owe Duties Future Beneficiaries of Estate Planning Trust

This author has often complained that the trust laws have not kept pace with modern practice as it relates to estate planning.  Estate planning trusts (a.k.a. “living trust”) are used as will substitutes.  The rules pertaining to wills are well known, and are established by case and by code. In contrast, the statutory rules relating …

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