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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

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

McGuireWoods LLP
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USA
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March 21 2012

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

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

Ott v. Monroe, 282 Va. 403 (2011)

McGuireWoods LLP
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USA
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April 26 2012

Admiral Dewey Monroe, Jr. and his wife Lou Ann Monroe created a limited liability company in which they each owned membership interests, with Lou Ann as the managing member of the LLC

Weedon v. Weedon, 283 Va. 241 (Va. Jan. 13, 2012)

McGuireWoods LLP
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USA
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April 26 2012

When Dorothy Weedon became ill in 2000, her daughter Mary Ann became her primary care-giver

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

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

Riverside Healthcare Ass’n v. Forbes, 281 Va. 522 (2011)

McGuireWoods LLP
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USA
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April 26 2012

Sarah Forbes created an inter vivos trust and conveyed a certain parcel of real property located in Newport News to the trust

Kummer v. Donak, 282 Va. 301 (2011)

McGuireWoods LLP
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USA
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April 26 2012

Justine Critzer died intestate in 2006

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