Trusts and Estates

Update: What’s Up With the South Carolina Bar Exam?

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south carolina map bar exam controversy.jpgRemember the alleged South Carolina bar exam shenanigans, which we discussed in these pages last week? There are some updates. See the links collected below, including a fairly barebones statement from the South Carolina Supreme Court.
Also, here’s what appears to be an interesting email that made the rounds in the wake of the results announcement. It was purportedly sent by one of the test takers who initially failed to other individuals who sat for the S.C. bar exam:

Hey Y’all,

First of all I’m so sorry about the bar exam. This sucks. I need to know if any of you failed the Wills part of the exam and your score.

My Dad and [redacted's] dad have been on the phone with the powers that be, and if we can get a big enough group together that failed the Wills section they are going to take it to the Sup. Ct and see if they’ll regrade our exams. Apparently, the examiner for the Wills section has been asked not to come back. We have a slim chance, but I think that it is worth it.

So far I have a list of 10 people that have failed the exam. They are [names redacted]. If you all know of anyone else that failed the Wills section PLEASE let me know so that we add them to the list. The scores are important too because we need to show the court how outrageous they are. Again, I’m so sorry we all failed. I really can’t believe it.

[redacted]
Law Clerk

Please do not identify any individuals by name in the comments. Thank you.
South Carolina Bar Examination Weirdness [Feminist Law Professors]
S.C. High Court Responds to Bar Exam Flap [FITSNews]
Supreme Court Issues Statement Regarding July 2007 Bar Examination [South Carolina Judicial Department]
Bar exam appeal route urged [The State]
20 years ago, state official’s daughter got score changed [The State]
Earlier: What’s Up With the South Carolina Bar Exam?

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What’s Up With the South Carolina Bar Exam?

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south carolina map bar exam controversy.jpgAs you know from our extensive coverage of Laptopgate, we follow bar exam controversies quite closely. So we can’t ignore what’s going on down in South Carolina (especially since we’ve been on a southern kick as of late, what with all our coverage of Emory Law School).
A very juicy possible scandal is brewing down in the Palmetto State. We believe the story was first broken by FITSNews. But for those of you who like your news sources older and more MSM-y, here’s an article from The State:

The state’s top court has changed the grades for 20 people — including the children of a prominent state lawmaker and a longtime circuit judge — who earlier flunked the test required to practice law in South Carolina.

The S.C. Supreme Court in last week’s order said the wills, trusts and estates section of the July exam would “not be considered” in determining a test-taker’s overall score, though the justices gave no reasons for their decision.

The students include the daughters of state Rep. Jim Harrison, R-Richland, chairman of the powerful House Judiciary Committee; and Circuit Judge Paul Burch of Pageland, The State confirmed Thursday in interviews with the two men.

More after the jump.

double red triangle arrows Continue reading “What’s Up With the South Carolina Bar Exam?”

Squire Sanders Wants Its Money… Over His Dead Body

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tombstone cemetery RIP Abovethelaw Above the Law blog.jpgFrom the Department of Astute Observations:

“Some former Steel Hector partners suggested it may have been unwise to make a large loan to a partner allegedly on the brink of bankruptcy.”

Ya think?
Firm Sues Estate of Dead Lawyer for Loan Repayment [Daily Business Review (Miami / South Florida)]

Lawsuit of the Day: You Can Keep the Dog, We’ll Take the $2 Million

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golden retriever dog pet lawsuit estate litigation Above the Law blog.jpgWe’re not really big on pets. Taking care of them is a lot of work, and we can barely keep our houseplant alive. So stories like this one strike us as almost insane:

A man who had not written a will left a $2 million estate, but the most hotly contested item in court has been his golden retriever, Alex. The four-way dispute over the 13-year-old pet was so intense, an attorney was appointed to represent the dog’s interest.

A guardian ad litem causa canis, perhaps?

On Monday, the judge decided the man’s divorced parents should split custody, The Commercial Appeal reported.

“At first glance, the petition seems almost frivolous, but after speaking with all parties, it is evident that this is a highly emotional issue for all involved,” said Alex’s attorney, Paul Royal, in his report to the probate court.

You had it right the first time, Mr. Royal.
P.S. A former colleague who shares our aversion to pets once quipped, “There are at least ten good reasons not to get a dog. Reasons one through nine are fecal matter.”
Judge settles intense custody battle over dog [CNN]

I Love New York… Tabloids

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Along with London, New York is one of the great tabloid cities of the world. When we opened the door of our hotel room this morning, we were greeted by this sight:

New York Post Anna Nicole Smith Larry Birkhead.jpg
The news has been mentioned in a few places on ATL (e.g., comments, Morning Docket). But for those of you who haven’t been paying attention: Larry Birkhead is the Anna Nicole Smith babydaddy.
(Which may not result in the financial windfall that Birkhead might have been expecting.)
LUSTY LARRY LICKS ‘EM IN ANNA NICOLE DADDY DERBY [New York Post]
Earlier: Oh Crap. This Baby Ain’t Worth Millions? Then You Take Her!

Oh Crap. This Baby Ain’t Worth Millions? Then You Take Her!

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Anna Nicole Smith 3 Anna Nicole Smith photo photograph pic picture Above the Law Above the Law.JPGHere’s an interesting analysis of the underlying merits of the litigation over J. Howard Marshall’s estate. It contains some bome bad news for Anna Nicole Smith’s infant daughter, Dannielynn.
From a Legal Times piece by Professor Horace Cooper (who narrowly missed being a colleague of Kiwi Camara, and probably isn’t unhappy about that):

[T]here is little chance that this child will inherit millions. Why? Because Anna Nicole Smith’s legal claims on J. Howard Marshall’s estate were always tenuous.

And once the courts act, they will likely extinguish the claim altogether. That means Dannielynn is more likely to be saddled with legal bills and other debt from litigation associated with her mother’s estate than she’s likely to inherit any portion of Marshall’s estate.

We’ll spare you Professor Cooper’s detailed examination of the case, which deploys such fancy-pants legal terms as “de novo” and “res judicata.” We’ll just give you his bottom line:

A separate trial in the Bahamas is going forward to determine who Dannielynn’s biological father is. Once that is answered, will the biological father continue his efforts to secure custody after all the legal claims on the Marshall estate are extinguished?

I predict that once those claims are finally exhausted, even King Solomon himself might not have the wisdom to find a father for this baby.

And Judge Larry Seidlin is no King Solomon.
Anna Nicole’s Daughter Is No Million-Dollar Baby [Legal Times]

You Know Your Will Was Not Well Drafted When…

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It becomes fodder for Trusts & Estates courses and casebooks.
Smith Death a Case Study at Law Schools [Associated Press via TaxProf Blog]

Judge Larry Seidlin: What a Clown

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For all of the references in his introductory remarks to being “dignified,” Judge Larry Seidlin was anything but. We’re mortified.
Words don’t do him justice. Just watch this video clip of his ruling in the Anna Nicole Smith matter:

Some highlights (or lowlights, as the case may be):

(1) Judge Seidlin’s theatrical sigh, around the one-minute mark;

(2) the start of the full-blown breakdown, at about two minutes;

(3) the judge’s tear-suffused repetition of “I want her to be buried, I want her to be buried”; and

(4) Judge Seidlin’s wannabe poetic conclusion: “It’s a long order. It’s a long order.”

We take back what we said yesterday. Please, television execs, for the love of God: Do NOT give this man his own TV show.
Earlier: Prior ATL coverage of Anna Nicole Smith (scroll down)

Anna Nicole Smith Is Bahamas-Bound

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Larry Seidlin 2 Judge Lawrence Seidlin Above the Law Anna Nicole Smith.JPGJudge Larry Seidlin has awarded custody of Anna Nicole Smith’s (rapidly decomposing) body to attorney Richard Milstein, guardian for Smith’s 5-month-old daughter, Dannielynn. From the AP:

Blubbering as he announced his ruling, a judge said Thursday he hopes Anna Nicole Smith will be buried in the Bahamas, but he left the decision up to the guardian of her baby daughter….

The judge choked up frequently and wept as he explained his decision.

Now will someone please give Larry Seidlin his own TV show, so real-life litigants don’t have to put up with him? If breaking down on camera isn’t a recipe for a successful television career, we don’t know what is. Just ask Anderson Cooper.
Update: It looks like Anna Nicole Smith will be buried in the Bahamas, next to her son Daniel Smith. From TMZ.com:

After shredding each other for the past four days, Howard K. Stern and Larry Birkhead simultaneously announced, without any seeming anger toward each other, that Anna Nicole Smith will be buried in the Bahamas.

The announcement came just a few minutes after Judge Larry Seidlin decided that Dannielynn’s court-appointed guardian should mediate the dispute.

The wishes of Stern and Birkhead are relevant because Milstein was directed to make his decision about where to bury Anna Nicole Smith in consultation with the parties to the case.
Judge Gives Smith’s Body to Baby’s Guardian [Associated Press]
Hatchet to Be Buried With Anna? [TMZ.com]

The Anna Nicole Smith Will: It’s Up

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Anna Nicole Smith 2 J Howard Marshall Anna Nicole Smith J Howard Marshall Anna Nicole Smith pic picture photo photograph.JPGThe will of Anna Nicole Smith, aka Vickie Lynn Marshall, is now available. You can check it out here (PDF).
We haven’t read it yet; right now we’re in another panel at the NYLS conference. But we welcome your thoughts on it in the comments to this post.
To get things started, the CNN article about the will is available here.
Anna Nicole Smith’s will is revealed [CNN]

Anna Nicole Smith: ‘Our Princess Di’

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Anna Nicole Smith J Howard Marshall Anna Nicole Smith J Howard Marshall Anna Nicole Smith pic picture photo photograph.jpgAs we mentioned yesterday, victorious Supreme Court litigant Anna Nicole Smith has passed away. She was 39, and the circumstances of her death are still being investigated. Here were some of your comments:

“ANS, we’ll miss you. We celebrate your reunion with your son, and we mourn your separation from your newborn daughter. Thanks for showing us all that it’s never too late to reinvent yourself.”

“I feel so bad about the fact that there is a little baby with no mom.”

“This is our Princess Di, people!”

By email, we received this interesting news:

Anna Nicole Smith’s late husband, J. Howard Marshall, was a big donor to Yale Law School [where he once served as assistant dean and taught Trusts and Estates].

When he died, and it immediately became clear that there would be a dispute over the estate, there was an internal debate whether Yale Law Dean Tony Kronman should attend both of the dueling memorial services — the staid family affair, and the one featuring Anna Nicole Smith spilling out of her dress and singing “Wind Beneath My Wings.” I believe he only went to the former.

Also, there is a great picture of the happy couple from around the time of their engagement or marriage. He looks old and frail but has the biggest s***-eating grin you have ever seen.

We think we’ve found that photograph. Is this the right one?
Anna Nicole Smith Dead At 39 [Access Hollywood via Drudge Report]
Earlier: Breaking: Anna Nicole Smith, Successful Supreme Court Litigant, Has Passed Away

Breaking: Anna Nicole Smith, Successful Supreme Court Litigant, Has Passed Away

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Anna Nicole Smith pic Anna Nicole Smith photo Anna Nicole Smith photograph former topless dancer Supreme Court Above the Law Above the Law.jpgPlease observe a moment of silence for one of the most celebrated litigants in the history of the Supreme Court. Anna Nicole Smith was a fascinating personality, and one of the great beauties of our time.
From the Associated Press:

Anna Nicole Smith, the former Playboy playmate whose bizarre life careened from marrying an octogenarian billionaire to the untimely death of her son, died Thursday after collapsing at a South Florida hotel, one of her lawyers said.

Smith, 39, collapsed and was unresponsive while staying at the Seminole Hard Rock Cafe Hotel and Casino, said the attorney, Ron Rale. She was rushed to a hospital.

Smith had been a tabloid staple even before she became Playboy’s playmate of the year in 1993. Readers were fascinated by her bombshell good looks, her marriage to an elderly billionaire and subsequent court fight over his estate, her weight fluctuations, and last year, the sudden death of her 20-year-old son, Daniel Smith.

A former topless dancer, she made her name squeezing into Guess jeans. She resembled the late actress Marilyn Monroe, a similarity played up in her Guess magazine ads, billboards and department store displays.

But unlike most other “tabloid staple[s],” Smith’s significance was legal as well as cultural. How many people can claim to have appeared in both Page Six and U.S. Reports? As the petitioner in Marshall v. Marshall, Anna Nicole Smith helped clarify (1) the scope of the “probate exception” to federal jurisdiction, and (2) its applicability to cases that do not directly involve the administration of a will or estate.
We overuse the word “fabulous” around here. But just like Justice Potter Stewart, “we know it when we see it” — and Anna Nicole Smith was it. She will be missed, by celebrity and Supreme Court groupies alike.
Update (5 PM): A most interesting comment:

Her ex-husband was a graduate of our host’s alma mater — Yale Law School. That makes her 2 degrees of academic separation from him.

J. Howard Marshall was an early figure in the legal realist movement and for a little while, an assistant dean at YLS and a colleague of William O. Douglas.

Anna Nicole Smith dies after collapsing at hotel [Associated Press via New York Daily News]
Marshall v. Marshall [Oyez.org]
Earlier: Prior ATL coverage of Anna Nicole Smith (scroll down)