Monday, April 24, 2023
Northwestern law prof’s federal case is ‘the definition of vexatious and wasteful,’ judge says in ordering sanction
Northwestern University Pritzker School of Law professor Bernard Black was ordered to pay attorney fees after the judge stated the case was “the definition of vexatious and wasteful” after Black attempted to remove a motion filed in Colorado probate court to federal court.
Black serves as trustee for the conservatorship of his sister, Joanne Black, who is special needs and unable to manage her affairs. He planned to remove a state court motion that sought to remove him as trustee. However, U.S. District Judge Daniel D. Domenico of the District of Colorado cited a “probate exception” that bars federal courts from deciding probate matters.
The dispute began in 2012 when Black’s mother passed away, leaving two-thirds of her estate to a special needs trust and a third to a trust for Black and his children. However, brokerage accounts containing millions of payable-on-death benefits were required to pass directly to the sister, bypassing the trusts. Black, acting as conservator, disclaimed the money, which reverted funds to the estate and benefitted Black’s trust.
For more information see Debra Cassens Weiss “Northwestern law prof’s federal case is ‘the definition of vexatious and wasteful,’ judge says in ordering sanction” ABA Journal, April 11, 2023.
https://lawprofessors.typepad.com/trusts_estates_prof/2023/04/northwestern-law-profs-federal-case-is-the-definition-of-vexatious-and-wasteful-judge-says-in-orderi.html
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