Wills, Trusts & Estates Prof Blog

Judge Halts Cingolani Casas Wedding

As I have previously discussed, Victor Cingolani is serving a 13-year sentence for murdering his girlfriend Johana Casa, a fashion model, in August 2010. I also previously discussed how Cingolani is planning on marrying Casas' twin sister Edith. Her mother hopes to block the wedding because she believes that her daughter Edith is not in her right mind. Now, an Argentina judge has stopped the wedding from going forward. The law in this case is clear. The Argentine Civil Code states that even the "temporary loss of mental capacities is reason enough to prevent a marriage." Her mother has argued that Edith might not be in her right mind. She and others believe that this is the case because Edith decided to make a sudden life change without any warning. In fact, she decided to marry Cingolani only ten days ago. Cingolani's attorneys have decided to appeal the decision of the trial judge.

See Argentine Judge Halts Killer Wedding, AAP, Dec. 22, 2012.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.

Article on Uniform Trust Code's Power to Adjust

Mark R. Parthemer (Managing Director and Fiduciary Counsel, Southeast Region, Bessemer Trust) recently published an article entitled, Trustsees Beware: UTC Power to Adjust Not a Tool to Get Money to Beneficiaries, American Bar Association. Provided below is description from the American Bar Association's website:

Mark Parthemer warns trustees that replacing “lost” income in these tough economic times is not a proper use of the power to adjust between principal and income.

CLE on Divorce and Trusts

The ABA Section of Family Law, Solo, Small Firm and General Practice Division, Young Lawyers Division and the Center for Professional Development will host a 90-minute live webinar and teleconference entitled, Divorce and Trusts: How to Effectively Represent Your Client from 12:00 p.m. to 1:30 p.m. central standard time on Wednesday, January 16, 2013. Provided below is a description from the ABA website:

Join our panel of family law and estate planning practitioners who will cover the complicated issues that can arise during divorces when trusts are involved.  

Topics to be addressed:

• Whether assets held in trust can be considered marital property and if the assets are subject to distribution
• Whether a spouse can be compelled to pay alimony or child support because he or she is the beneficiary of a trust
• Whether a trust itself can be compelled to make the payments

When these issues arise in divorce, they can have a significant impact on the outcome of the matter.

Milwaukee Attorney Loses License

The State Supreme Court of Wisconsin has disbarred the prominent Milwaukee attorney Joseph W. Weigel following a finding that he misappropriated funds. Weigel apparently used the funds "to pay vendors or other clients." Paul Schwarzenbart, the special prosecutor on the case, compared Mr. Weigel's scheme to a Ponzi scheme. Mr. Schwarzenbart explained that Mr. Weigel would run "hundreds of millions of dollars through the fund and used money won in new cases to pay off clients in older cases." In addition, Mr. Weigel would not pay the consultants or experts that testified in the cases that he tried. 

If Mr. Weigel would like to re-apply to the bar he can do so five years after he was disbarred. According to disciplinary rules, Mr. Weigel cannot receive profits that own his firm produces, Weigil, Carlson, Blau & Clemens, following the date of his disbarment on February 1, 2013.

See Cary Spivak, Prominent Milwaukee Lawyer Loses License For Misuse of Funds, Journal Sentinel, Dec. 19, 2012.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.

CLE on Commercial Real Estate

The ABA Section of Real Property, Trust & Estate Law will host a conference entitled, Philadelphia Community Outreach Program: Commercial Real Estate/Trusts and Estates 101 in Philadelphia, Pennsylvania from 6:00 to 7:00 pm from September 18, 2012 to April 16, 2013. The events are only held on the third Tuesday of every month. Provided below is a description of the event:

• The New Practitioner who would like to practice commercial real estate law, estate planning and probate but desires preparation beyond that provided in a typical law school curriculum
• The General Practitioner who would like to learn the nuts and bolts of commercial real estate law, estate planning and probate
• The Long-Time Specialist who has specialized in another area but would like to transition into real estate or trusts and estates practice.

Accreditation has been requested for this program in Pennsylvania and New York for 10.5 hours of substantive law, practice and procedure CLE credit and 1.5 hours of ethics, professionalism or substance abuse CLE credit. Certificates of Attendance will be available at the conclusion of each individual session for attendees and speakers. Speakers and topics are subject to change.