Samantha E. Weissbluth

Samantha
E. Weissbluth
Senior Counsel,
Foley & Lardner LLP

Samantha E. Weissbluth is senior counsel at the Chicago office of Foley & Lardner LLP, concentrating her practice in the area of estate and trust litigation. Her practice encompasses all aspects of estate and trust litigation, including breach of fiduciary duty issues, judicial constructions of wills and trusts, will and trust contests, tax litigation, contested heirship, adoption and paternity issues, charitable pledge disputes, guardianship matters, estate planning malpractice, and wrongful-death actions. She also has significant experience in estate and trust administration and guardianship issues. She is a coauthor of two chapters in IICLE®’s ESTATE, TRUST, AND GUARDIANSHIP LITIGATION. She is also the editor of a quarterly Foley & Lardner LLP newsletter entitled Legal News: Estate and Trust Litigation. Ms. Weissbluth’s professional activities and affiliations include membership in the American, Illinois State, and Chicago Bar Associations and the Chicago Community Trust. She received both her B.A. and her J.D. from Northwestern University.

Articles
Stripping Away the Mystery of the Probate Exception 1
In Curtis v. Brunsting, No. 12-20164 (Jan. 9, 2013), the U.S. Court of Appeals for the Fifth Circuit revisited the issue of the scope of the probate exception to federal subject matter jurisdiction.
A Reckless Act?
John T. Brooks and Samantha E. Weissbluth discuss the potential fiduciary law ramifications of Randy Curtis Bullock v. Bankchampaign, N.A.
Seeds of Controversy
John T. Brooks and Samantha E. Weissbluth highlight an interesting case unfolding in Kansas, in which a sperm donor is fighting state efforts to force him to pay child support
Father’s Will Dictates Sham Marriage
In a recent New York case, a father, in his will, dictated that his gay son’s child gets nothing unless his son married the child’s mother.
The Estate Tax & Wrongful Death
John T. Brooks and Samantha E. Weissbluth discuss an interesting case out of New Jersey. In Estate of Kellogg, 2012 WL 1912261 (N.J. Super 2012), time (of death) is of the essence.
Keeping Trusts Out of Court
Texas joins the short list of states to address the enforceability of arbitration clauses
Assessing Elderly Clients’ Capacity
This issue is becoming increasingly important. The American Bar Association and American Psychological Association have a handbook to educate you on the topic
Trustees and the Attorney-Client Privilege
The fiduciary exception may be falling out of favor
The Walls have e-Ears
Electronic communications are causing headaches for lawyers and clients alike
Kiss-immee of Death
Florida becomes one of the few states to allow families to challenge deathbed marriages
Expanding Breaches
A non-fiduciary who knowingly participated in trustees’ violations of duty was liable for damages in a recent Delaware court ruling
Filing Follies
Keep a keen eye on each state’s obligations for establishing and dissolving business entities
Marrying for the Money: A New Twist?
Courts refuse to allow caregivers who married their incapacitated clients to get an elective share of the clients’ estates
A Pitch for Privacy Rights
Milwaukee Brewers relief pitcher asks court to seal the records of his wife’s cocaine-related death
Wrestling with the Privacy Rights Of John E. du Pont, Convicted Murderer
A Pennsylvania court weighs in on a former wrestler’s bid to unseal the records of du Pont’s incapacity hearing so as to peer into his trust documents
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