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Results: 1-10 of 58

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

Zagorski v. Kaleta (In re Estate of Michalak), 2010 Ill. App. LEXIS 869 (August 20, 2010)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • June 15 2011

On November 6, 2006, Bozenna Michalak, an 83-year-old Polish immigrant, created a revocable trust and funded it with her home

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

Scanlan v. Eisenberg, et al., 2012 U.S. App. Lexis 1112 (January 20, 2012)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • 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

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

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

Recent cases of interest to fiduciaries: Part 6 trustee liability for investment losses (part one)

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

Gloria Figel established a trust for the benefit of her son, Terry, and grandson, Spencer, with Wells Fargo Bank, N.A. as trustee

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

Sheryl Ragen v. Peter Veloz, 2010 Cal. App. Unpub. LEXIS 7262 (September 13, 2010)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • May 13 2011

Sheila and Tom Veloz established a family trust in 1988 that they restated and amended in June 2001