Author: Tyler
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George Washington and Fashion
Interesting piece in the Washington Post, Incredibly, men are still wearing ‘the George Washington’, where Chloe Chapin says…
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Recent Case: Testamentary Exception Applies to Trusts
In a decision of first impression, the North Carolina Court of Appeals held in Steele v. Kenna, No.…
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Washington Post: On Lifelong Learning
Another incentive to keep learning: the Washington Post discusses a new study finding a five year difference in…
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WSJ: The $3,400 Billable Hour
A recent article in the Wall Street Journal talks about rising billable rates for attorneys. “Some senior partners…
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Ancient Mortgages
In Aristotle’s time, a loan of money or other interest secured by land would be marked by a…
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Recent Article: A New Restatement for Trusts
In “Time for a New Restatement,” published in Probate & Property (Jan./Feb. 2026), Professor Thomas Gallanis argues that…
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New North Carolina Law for Removing Unauthorized Occupants
In Session Law 2025-88, effective December 1, 2025, North Carolina adopted a legal remedy for expedited removal of…
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Saga of Tony Hsieh, again
Further developments in the Tony Hsieh probate dispute. Fascinating case. Previously discussed the case here. A question that…
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Book Review: 1929 by Andrew Ross Sorkin
Excellent overview of the 1929 crash. I do not believe I had heard of Charles Mitchell, or at…
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Recent Article: “Health” in HEMS Means Complete Well-Being
“Health” in HEMS Means Complete Well-Being, by Claudia E. Tordini and Richard S. Franklin, 50 ACTEC 339 (2025).…
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Leonard D. Jacoby (RIP)
An early adopter of legal advertising in the U.S., Leonard D. Jacoby died on January 12. After the…
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Caring for Spouses
End-of-life care falls on more spouses (Washington Post). This is expected to rise. “Adults 65 and older are…
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Recent Case: In re Russo (NC Court of Appeals)
The North Carolina Court of Appeals, in In re Russo, No. COA25-321 (N.C. Ct. App. Jan. 7, 2026),…
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Recent Article: Fetal Personhood and Inheritance by Unborn Children
In Fetal Personhood and Inheritance by Unborn Children, by Alyssa A. DiRusso and Emily Price, 50 ACTEC 279…
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Best Books of 2025
I believe I read 20 or so new book releases in 2025. My top three are probably the…
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Markets in Estates
As reported in the Wall Street Journal, Pavel Durov, the founder of Telegram, is paying the IVF costs…
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Book Review: Replaceable You
I have heard of Mary Roach’s books before but never read them until I read Replaceable You. Interesting…
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Recent Case: Timmons v. Herring (NC Court of Appeals)
The North Carolina Court of Appeals, in an unpublished decision filed December 17, 2025, addresses the concept of…
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Saga of Tony Hsieh
The Wall Street Journal reports that the family of the late Zappos CEO Tony Hsieh has filed a…
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Recent Article: Reforming Grantor Trusts to Raise Revenue
In a recent article, “Reform the Grantor Trust Rules” by Jay A. Soled, 50 ACTEC Law Journal 249…
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Justice David Souter
In follow-up to my earlier post on the work habits of Justice David Souter, the Harvard Law Review’s…
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Recent Article: Obligation and Duty – Two Things or One?
In Obligation and Duty – Two Things or One?, Lionel Smith examines whether obligations and duties are fully…
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Work Habits of Justice David Souter
Yale Law Journal recently had several articles as tributes from former law clerks of Justice Souter. Some interesting…
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The Story of David and the Godfather
After rereading the story of David in 1 Samuel, 2 Samuel, and the first part of 1 Kings,…
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Benjamin Franklin
After reading Edmund Morgan’s biography of Franklin, rereading Walter Isaacson’s biography, and going back to Franklin’s own writings,…
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Why Tape Money to a Trust?
I have always found it interesting that older North Carolina trusts sometimes have a $1 or $10 bill…
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The (Partial) Resurrection of Silent Trusts in North Carolina?
Historically, trust and estate attorneys in North Carolina have practiced under the assumption that Wilson v. Wilson, 203…
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Recent Article: Uncontested Trusts in Court
Christopher J. Ryan Jr., David Horton, and Reid Kress Weisbord recently published Uncontested Trusts in Court, Indiana Legal…
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Recent Article: What Should You Owe Your Ex?
By John Morley and Yair Listokin of Yale Law School. From the abstract: “We find that although married…
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Family or State?
The question of whether to turn in one’s family is not new. It goes back at least as…
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Book Review: Breakneck by Dan Wang
Dan Wang’s excellent new book Breakneck: China’s Quest to Engineer the Future goes into detail about the rise…
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Is there a Duty under North Carolina law to file Child Allowance? Should there be?
Effective March 1, 2024, there were several updates and amendments to North Carolina law regarding child allowances for…
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Book Review: The Pardon by Jeffrey Toobin
Was Ford correct in pardoning Nixon? At the time, the decision was widely criticized, and many believe it…
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Cousin Marriages in the Bible
Joseph Henrich in his books The Secret of Our Success and The WEIRDest People in the World, traces…
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Recent Article: Charities and Racial Discrimination
Interesting new article by Thomas Gallanis at George Mason entitled “Is Racial Discrimination Ever Charitable?” Here is part…
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Recent Article: The Nominal Bequest Problem: Why $1 Disinheritance Creates More Problems Than It Solves
Professor Mark Glover’s upcoming article entitled “Nominal Bequests” in the UC Davis Law Review examines the myth that…
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Recent Case: U.S. v. Leeds – FBAR Penalties Survive Death
FBAR penalties have been in the legal news over the past several years. In 2023, the U.S. Supreme…
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Why Do Personal Injury Attorneys Love Billboards?
In 2024, an estimated $2.5 billion was spent on legal services ads in the United States, according to…
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Recent Article: Taxing Dynasties
Brian Galle, David Gamage, and Bob Lord, in a new law review article entitled “Taxing Dynasties” (forthcoming, 174…
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Recent Article: Will as Thing
Adam Hirsch’s forthcoming U.C. Davis Law Review article entitled “Will as Thing” argues that courts overemphasize the paper…
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Samuel Johnson, Legal Mind
Lately I’ve been reading more about Samuel Johnson. I just finished John Wain’s biography and am now working…
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Recent Article: Administrability Over Testamentary Freedom of Disposition
Kevin Bennardo’s recent article entitled “Administrability Over Testamentary Freedom of Disposition” makes a simple but underemphasized point: the…
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Book Review: Second Act by Henry Oliver
Finished Second Act by Henry Oliver. A sharp reminder that age isn’t the limitation we think it is.…
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Culture Note: Touch of Evil (1958)
An interesting film from Orson Welles. The film contrasts two approaches to law and order along the U.S.–Mexico…
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Recent Case: IRS Loses Case on Intra-Family Loans vs. Gifts
The Tax Court’s recent decision in Estate of Galli v. Commissioner, issued March 5, 2025, addresses the treatment…
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Book Review: Sapiens by Yuval Noah Harari
Despite hearing about this book for years, I am finally getting around to reading Sapiens: A Brief History…
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Book Review: The Hot Hand by Ben Cohen
Ben Cohen’s book The Hot Hand: The Mystery and Science of Streaks revisits the long debated question of…
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Book Review: Mine! by Michael Heller and James Salzman
Just finished reading Mine! How the Hidden Rules of Ownership Control Our Lives by Michael Heller and James…
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Recent Case: In re Estate of Johnathan Matthew Bozeman (No. COA24-322, N.C. Ct. App. 2024)
Summary An important recent decision from the North Carolina Court of Appeals clarifies spousal abandonment under N.C.G.S. §…
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Conflicting Duties as Guardian ad Litem in North Carolina
Many attorneys misunderstand the fiduciary duties of a Guardian ad Litem (GAL) in incompetency proceedings in North Carolina,…
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Electronic Wills in North Carolina
North Carolina has not yet adopted electronic wills. Senate Bill 307, introduced in March 2023, would have enacted…
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Culture Note: Mickey 17
Interesting latest movie by Bong Joon Ho. Robert Pattinson plays a clone on a distant planet, raising classic…
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Recent Article: Last Will & Testament of King Edward VI
I did not know this story, but William Kelleher and Christina Smith have a fantastic article in the…
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January 2025 Digest
The end of 2024 brought several noteworthy developments in North Carolina’s estate planning and probate law, particularly regarding…
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The Legal Puzzle of Daniel and the Lion’s Den
The story of Daniel and the lion’s den often focuses on Daniel’s faith in God. But an interesting…
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Work Habits of John Quincy Adams
John Quincy Adams, the sixth President of the United States, was not only a statesman but also a…
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Work Habits of Learned Hand
After reading Gerald Gunther’s excellent biography of Learned Hand, I’ve compiled some notable work habits and character traits…
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Legal Interpretation: Stephen Breyer vs. Richard Posner
Stephen Breyer’s latest 2024 book, Reading the Constitution: Why I Chose Pragmatism, Not Textualism, suggests that he has…
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Work Habits of Richard Posner
I recently read William Domnarski’s excellent biography of Judge Richard Posner (link here) and below are some work…
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Work Habits of William O. Douglas
I finished reading Bruce Allen Murphey’s excellent biography of Justice William O. Douglas. Link to the book is…
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Welcome
Hello and welcome! I’m Tyler Chriscoe. As a trust and estate attorney, my professional life is dedicated to…