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Results: 1-10 of 58

James Munn v. Michael D. Briggs et al., 2010 Cal. App. LEXIS 860 (June 10, 2010)

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

In 1983, Janell Munn executed a will exercising a testamentary power of appointment over a trust created by her late husband

Recent cases of interest to fiduciaries: Part 7 Trustee liability for investment losses (Part two)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • October 18 2011

Patricia Gallagher is the settlor and a beneficiary of a charitable remainder trust created on June 8, 2001, with Keybank as trustee

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

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

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

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

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

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

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

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

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

Claude Arnall v. Dawn Arnall, 2011 Cal. App. Unpub. LEXIS 366 (January 19, 2011)

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

Roland Arnall died on March 17, 2008, leaving a trust with his wife, Dawn, as trustee

Giraldin v. Giraldin, 2011 Cal. App. Lexis 1222 (September 26, 2011).

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

The California Court of Appeals applied the well-established principle that a trustee of a revocable trust only owes duties to the settlor so long as the settlor is living and competent, and as a result reverses a $5 million surcharge award against the trustee who facilitated the settlor’s $4 million dollar investment in the trustee’s failed company

Christopher Gene Fazzi v. Norma Jean Klein, 2010 Cal. App. LEXIS 2112 (December 14, 2010)

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

On January 29, 1987, Norma Jean Klein and her husband, Lloyd, created a joint revocable trust called the Klein Family Trust, and executed pour over wills