American Probate: Protecting the Public, Improving the Process

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UPNE, 2003 - Law - 176 pages
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New Hampshire judge and probate attorney John Fairbanks, a court-appointed executor and trustee, stole thousands of dollars from the estates of his trusting elderly clients. Successful Virginia lawyer David Murray misappropriated nearly four million dollars from estates entrusted to him in one of the largest financial swindles by a lawyer in U.S. history. Enterprising attorney James Gunderson drafted wills and living trusts for many residents of Leisure World in Orange County, California, who named him the sole trustee and major beneficiary.

These are just some of the cases examined by Paula A. Monopoli to illustrate the unsettling prevalence of fraud and abuse inherent in American probate law. Probate courts are intended to provide a vehicle for the orderly disposition of property after death, to balance the interests of creditors, the government, and heirs, and to protect the rights of the elderly and others with special needs. In this insightful work, Monopoli shows how an array of flaws in the system allows corrupt and unethical lawyers to take advantage of the nation's most vulnerable citizens. She delves into such subjects as the history and purpose of probate, procedural complexities, lack of regulatory oversight, inadequate judicial resources, and the growth of non-probate alternatives, concluding with a blueprint for reform that emphasizes deterrence, detection, and compensation for the victims.

This informative account casts new light on the intricacies and failures of a legal process that affects millions of Americans every year.
 

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AMER PROBATE

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Monopoli (law, Southwestern Univ. Sch. of Law) examines the probate process in America and gives it a failing grade. The system is rife with abuse, she argues, as lawyers run the system, appoint ... Read full review

Contents

The Purposes of Probate
3
Lawyers as Fiduciaries
27
Probate Avoidance
39
Complexity and Corruption
57
Delays and Deception
67
Meager Judicial Resources
81
Chapter? A Conspiracy of Silence
99
An Inadequate Safety Net
113
A Failure of Character or Discipline?
131
Probate in the TwentyFirst Century
145
Notes
151
Glossary
165
Index
169
Copyright

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About the author (2003)

Paula A. Monopoli, Professor of Law at the Southwestern University School of Law and Visiting Professor of Law at the University of Maryland School of Law, practiced trusts and estates law for several years. She has published articles in numerous law reviews and journals. She lives in Bethesda, Maryland.

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