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Defalcation, bankruptcy, and fiduciary litigation

Last week, the United States Supreme Court issued its opinion in Bullock v. BankChampaign, N.A., which addressed the circumstances in which a breach

Almost invariably, settlors give their trustees broad powers regarding trust property. Often these broad powers include the power to convey and

In Estate of Boyar, the Supreme Court of Illinois had an opportunity to address an important question of Illinois trust law: whether the "doctrine of

Thomas and Michael Tessier allegedly bilked Frederick and Thaddeus Jakobiec and the estate of their mother, Beatrice Jacobiec, out of millions of

We've looked at a lot of cases to figure out who needs to be named as a party in trust litigation. And we've assumed that, if a party is suing to

We often see trust beneficiaries sue a trustee to compel an accounting of the trust's receipts, disbursements and assets. A court should start with

We spend a lot of time here looking at civil cases involving corporate and individual fiduciaries. That doesn't mean that the wrongful acts

Time to get into the weeds on the scope of a trustee's powers. There are basically two sources of power for a trustee - the trust instrument and

It usually takes a lot to convince a judge to terminate a trust. The grantor wanted assets held in trust for a reason. Therefore, if you want to go

Sometimes parties have a hard time letting go of trusts and estates litigation even after that litigation has been settled. For example, we've seen