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rs Oregon State Bar Legal Publications Home About Legal Pubs What’s New on BarBooks Online Bookstore Uniform Trust Code Research Just Got Easier! Posted on April 3, 2024 | by Linda Kruschke | Leave a Comment on Uniform Trust Code Research Just Got Easier! The fourth edition of Administering Trusts in Oregon is now available for preorder, shipping before the end of April! This new edition addresses changes to the law of trusts since the third edition was released in 2018. Featuring an all-new, portable 7″ x 10″ perfect-bound format, this comprehensive guide offers invaluable insights into the nuances of trust administration in Oregon. In addition, all references to the Uniform Trust Code Commentary now include pinpoint refences to the Legal Publications recent edition of Oregon Probate Code and Uniform Trust Code with UTC Commentary , which is also available for purchase. Publication History When Administering Trusts in Oregon was first published in 1995, the law of trust administration in Oregon was relatively unregulated by statute. The enactment of the Oregon Uniform Trust Code in 2005 made changes to and codified the law regarding administering trusts in Oregon, and so the 2007 edition was released to reflect changes to trust law brought about by the enactment of the UTC, including significant changes with regard to modifying or terminating a trust. Since then there have been changes in the rules regarding the trustees’ duties to inform and report, nonjudicial modifications, exercise of powers, and other technical corrections. The third edition of Administering Trusts in Oregon addressed these subsequent developments to trust law in Oregon. Building on a Firm Foundation With in-depth discussions of special-needs, charitable, and pet trusts, as well as spendthrift clauses and tax-implications of various types of trusts, this publication is an indispensable resource for attorneys seeking to expand their expertise in trust administration or to deepen their understanding of Oregon trust laws. The first three editions laid a firm foundation of material organized in a logical and comprehensive fashion. This fourth edition addresses statutory and relevant case law updates that have occurred since the third edition in 2018. It includes new material discussing stewardship trusts and tenancy-by-the-entirety property in revocable trusts. Why This Book Is Important Lawyers often use trusts as an estate planning tool, and trusts are frequently administered by individual trustees. Administering Trusts in Oregon offers practical guidance to the lawyer who is counseling the trustee concerning the trustee’s rights and responsibilities in the trust administration process. In general, the book focuses on the individual trustee rather than the corporate trustee, and includes discussion of the trustee’s responsibilities to beneficiaries, settlors, and government entities. The combined resources of Administering Trusts in Oregon and Oregon Probate Code and Uniform Trust Code with UTC Commentary will streamline your research and enhance your practice in this important area of law. Posted in Book Information , New Releases | Tagged administering trusts , estate planning resources , Legal publications , Legal Research , Trusts and Estates , Uniform Trust Code , UTC , UTC Commentary Uniform Jury Instructions Supplements Coming Soon Posted on January 10, 2024 | by Linda Kruschke | Leave a Comment on Uniform Jury Instructions Supplements Coming Soon The uniform jury instructions committees are charged with the task of developing uniform jury instructions for use in civil and criminal trials. They must also promote better coordination of activities between the two committees to insure a uniform approach to judicial instructions to juries. They continually update existing jury instructions to comply with case law, legislation, and useful suggestions from sections and the legal community, as well as raft instructions in plain language maintaining the goals of clarity and accuracy. This important charge kept both the civil and the criminal committees busy in 2023. Uniform Civil Jury Instructions In 2023, the Uniform Civil Jury Instructions Committee completed their review of the User’s Guide, amended ten instructions, withdrew three instructions, and added three new instructions. The committee also updated the comment to 44.03 (Professional Perfection Not Required), which was withdrawn in 2022 after the Court of Appeals found it to be an incorrect statement of the law. The Supreme Court has since reversed the Court of Appeals and the committee plans to review this instruction again in 2024. The Committee updated the User’s Guide to reflect amendments to statutes and rules where necessary, edited the guide to include more gender-neutral terms, added case law, and updated and expanded the section on exceptions. The committee withdrew UCJI 44.06 and 44.07 dealing with agency in the hospital context. UCJI 30.04A and 30.04B, which address actual and apparent agency in general, were both updated in the comments to add recent case law affecting agency in the hospital context. In the area of domestic-animal liability, the committee updated an instruction, combined two instructions into one, and added four new instructions providing definitions of domestic animal , wild animal , and keeper . The committee also added instructions to address liability for dogs adjudged to be potentially dangerous. Finally, the committee amended several instructions to update statutory citations that the legislature had recently renumbered. Uniform Criminal Jury Instructions Considering some appellate court opinions regarding mental states and how they apply to particular elements of crimes, the 2023 Uniform Criminal Jury Instructions Committee had plenty of work to do. The committee’s big accomplishment was revising all the assault instructions. Many of those instructions had to be split in two, creating separate instructions for the knowingly” version of the crime and the other mental-state versions. Among other things, the committee also updated some of the homicide instructions, the bias-crime instructions, and some criminal mischief instructions, and it wrote a new instruction for the aggravating factor of committing a crime with a firearm. Overall, the 2023 Supplement contains 52 revised instruction and 20 new instructions. Available for Preorder Both of the supplements, and the full books including the supplement instructions, are now available for preorder on the online bookstore in both print and digital formats. Both formats include the MS Word documents of the instructions. All eBook preorders will ship in February and print book preorders will ship by early March. Posted in Book Information , Jury Instructions | Tagged Jury Instructions , Litigation , Oregon jury instructions , Trial practice , Uniform Civil Jury Instructions Committee , Uniform Criminal Jury Instruction Committee BarBooks™ Wins International Award Posted on August 11, 2023 | by Linda Kruschke | Leave a Comment on BarBooks™ Wins International Award The Road to Relaunch On June 8, 2022, the BarBooks™ online library relaunched on a new, more user-friendly platform called Qweri by Lexum, Inc . The relaunch was the culmination of several years of work by the Legal Publications Department. Lexum, Inc. was among the exhibitors at the 2018 ACLEA (Association for Continuing Legal Education) Annual Meeting in Portland, Oregon. After viewing the demo offered, Linda Kruschke, the OSB Legal Publications Manager, began the process of exploring whether Lexum’s Qweri product was the best option for a new BarBooks platform. Lexum provided links to other resources that were offered on Qweri, answered a myriad of questions, and even set up a test site for OSB to upload books to Qweri to determine if it was a good fit. In August 2021, the OSB signed a contract to move forward with the project with a tentative launch date of 2Q 2022. BarBooks...
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