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Klingelhoefer v. Monif, et al., 2012 Neb. App. Lexis 5 (January 17, 2012).

McGuireWoods LLP
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USA
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March 21 2012

Constance K. Klingelhoefer created a revocable trust and a limited liability company, transferred Nebraska farmland to the LLC, and then gifted a minority interest in the LLC to each of her eleven children

Hobbs et al. v. Legg Mason Investment Counsel & Trust Co., 2011 U.S. Dist. Lexis 999 (N.D. Mississippi, January 5, 2011); Hobbs et al. v. Legg Mason Investment Counsel & Trust Co., 2011 U.S. Dist. Lexis 7168 (January 25, 2011)

McGuireWoods LLP
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USA
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March 21 2012

Court refuses to dismiss claim that trustee was negligent in failing to inform beneficiaries about GST taxes owed on trust distributions, but dismissed claims that trustee had a duty to modify the trust to avoid the taxes

Smith v. Marez, 2011 N.C. App. Lexis 2489 (N.C. Ct. App. 2011).

McGuireWoods LLP
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USA
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March 21 2012

Attempt to designate IRA benefits to pass pursuant to terms of will is invalid

In re: Alexander McFadden Testamentary Trust and George McFadden Testamentary Trust, 2011 Phila. Ct. Com. Pl. Lexis 320 (November 9, 2011)

McGuireWoods LLP
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USA
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March 21 2012

Trustees found not liable for investment losses during market collapse, but removed for withholding distributions, disclosing private information and failing to appoint required third trustee

Wells Fargo Bank, N.A. v. Estate of Ruth Elaine Mansfield, 281 Neb. 693 (2011)

McGuireWoods LLP
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USA
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March 21 2012

Trustee did not abuse its discretion by decision to not pay expenses of beneficiary’s final illness where estate assets sufficient

In the Matter of the Accounting by Frieda Tydings, As Trustee of the Ricki Singer Grantor Trust, 2011 NY Slip Op 51177U (Bronx County Surrogate’s Court, June 28, 2011)

McGuireWoods LLP
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USA
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March 21 2012

Surcharge of individual trustee for making interest-free loans to family members and giving trust profits to family-owned business in which trustee held an interest

Estate of Campana v. Comerica Bank & Trust, N.A., 2012 U.S. Dist. Lexis 1490 (N.D. W. Va. 2012)

McGuireWoods LLP
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USA
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March 21 2012

Arbitration clause in agreement between investment advisor and trustees bars trust beneficiary’s suit against investment advisor

Carlyle Investment Management LLC et al. v. Carlyle Capital Corporation Limited, 2011 U.S. Dist. Lexis 85710 (Delaware, August 4, 2011)

McGuireWoods LLP
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USA
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March 21 2012

Forum selection clause in an investment management agreement is valid and enforceable

French v. Wachovia Bank, N.A., 2011 U.S. Dist. Lexis 72808 (E.D. Wisconsin 2011)

McGuireWoods LLP
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USA
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March 21 2012

Corporate trustee did not breach its duties by exchanging insurance policies for new policies obtained through its affiliate

Scanlan v. Eisenberg, et al., 2012 U.S. App. Lexis 1112 (January 20, 2012)

McGuireWoods LLP
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USA
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March 21 2012

Seventh Circuit reverses district court decision that discretionary beneficiary lacked standing to bring surcharge claim for $200 million in investment losses from investment concentration

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