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Results: 1-10 of 72

Boyar v. Dixon, 2011 Il App (1st) 111013u (December 8, 2011)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • January 11 2012

The Illinois Court of Appeals affirmed the application of the doctrine of election as a bar to beneficiary’s contest to trust amendment, where the trust operated in the same manner as a will and the beneficiary took, and refused to return, tangible personal property belonging to the trust

Patterson v. Patterson, 2011 Utah Lexis 148 (November 1, 2011)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • January 11 2012

The Utah Supreme Court reverses the trial court’s application of a common law limitation on amendment of trusts, and affirms a trust amendment by application of the Uniform Trust Code even though the issue was not properly raised in the trial court

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
  • -
  • USA
  • -
  • 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

In re Rstate of Brantman v. Brantman et al., 2011 Ill. App. Unpub. Lexis 3013 (December 2, 2011)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • January 11 2012

The Illinois Court of Appeals blocked an attempt by a charitable trust beneficiary to bring claims to recover improper distributions to family members made by a former trustee, where the distributions to family members were made in breach of the former trustee’s fiduciary duties and while failing to make specific distributions to numerous charities

Browder-Martin v. Meneses, 81 Va. cir. 199 (Va. Cir. 2010)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • April 26 2012

In 1987, Nettie Browder Martin’s elderly neighbor asked Martin and her husband to care for her for the duration of her life

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

  • McGuireWoods LLP
  • -
  • USA
  • -
  • 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

Portico Management Group, LLC v. Harrison, 202 Cal. App. 4th 464 (Cal. App. 3d Dist. 2011).

  • McGuireWoods LLP
  • -
  • USA
  • -
  • March 21 2012

Trust assets not subject to arbitration award where award is not against co-trustees

Stuart et al. v. Snyder, 2010 Conn. App. LEXIS 556 (October 19, 2010)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • May 3 2011

In 1993, beneficiaries of their father Kenneth J. Stuart’s (Stuart Sr.) estate filed an action against their brother, Stuart Jr., as executor under Stuart Sr.’s will and as trustee under Stuart Sr.’s trust, alleging that Stuart Jr. had misappropriated property from the estate for his own benefit without their consent and in contravention of Stuart Sr.’s estate plan

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

  • McGuireWoods LLP
  • -
  • USA
  • -
  • March 21 2012

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

Derringer v. Emerson, 2010 U.S. Dist. LEXIS 79522 (August 6, 2010)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • May 5 2011

Richard Solem executed a living trust agreement in 2004, with himself as trustee, that provided at his death for the distribution of more than $2 million to his daughters and the balance to his charitable foundation