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

McGuireWoods LLP
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USA
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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

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

Kristofer Kastner v. InTrust Bank, 2010 U.S. Dist. LEXIS 120927 (November 15, 2010)

McGuireWoods LLP
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USA
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May 3 2011

On June 5, 1996, Jessie I. Brooks executed a trust, with InTrust Bank as trustee, for the lifetime benefit of her daughter, Nola, with the remainder of the assets distributable to her grandchild Kristofer

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

McGuireWoods LLP
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USA
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May 5 2011

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

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

McGuireWoods LLP
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USA
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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

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

McGuireWoods LLP
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USA
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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

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

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

In Re Estate of Helen Bandemer, George Bandemer and Marvin Bandemer v. Martin Bandemer and Normal Bandemer, 2010 Mich. App. LEXIS 1922 (October 12, 2010)

McGuireWoods LLP
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USA
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May 3 2011

In May 2002, Helen Bandemer created a will giving her estate equally to her four sons, George, Marvin, Martin, and Norman