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Results: 11-20 of 161

Recent cases of interest to fiduciaries

  • McGuireWoods LLP
  • -
  • USA
  • -
  • October 14 2014

Norma Beck died in 1984. Her will created six trusts, one for each of six grandchildren. Gordon Mueller was named as trustee of each trust. Mueller

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

Wilbourn v. Wilbourn, 2012 Miss. App. Lexis 232 (2012)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • July 26 2012

Co-Trustee removed and denied compensation for actions as chairman of bank owned in part by trust

Multiple roles as fiduciary and beneficiary are not enough to justify removal of trustee named by settlor in the absence of a breach of trust

  • McGuireWoods LLP
  • -
  • USA
  • -
  • May 30 2012

Robert M. Mumma died on April 12, 1986, leaving a will that established two trusts, a marital trust and a residual trust

Court affirms dismissal of surcharge claim against surviving spouse for investing marital trust assets as trustee in municipal bonds to increase her own income distributions from trust

  • McGuireWoods LLP
  • -
  • USA
  • -
  • May 30 2012

Luther Reynolds Carter Jr. created a living trust that, upon his death in 2003, created three separate trusts, including a marital trust

Nederlander, et al. v. Papiano, 2012 Cal. App. unpub. Lexis 1717 (March 6, 2012)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • July 26 2012

Lawyer serving as trustee surcharged for distributing assets pursuant to trust amendments that affected partial revocation requiring consent of co-trustees, and double damages awarded for bad faith in allowing amendments in order to extract payment of lawyer’s fees out of the trust assets

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

Reliance Trust Company v. Candler et al., 2012 Ga. App. Lexis 336 (March 26, 2012)

  • McGuireWoods LLP
  • -
  • USA
  • -
  • July 26 2012

Trustee surcharged for excessive and arbitrary discretionary distributions to surviving spouse from marital trust

“Top ten” estate planning and estate tax developments of 2013

  • McGuireWoods LLP
  • -
  • USA
  • -
  • December 20 2013

The fact-specific nature of litigation over the gift and estate tax value of interests in family limited partnerships (FLPs) and LLCs continues to

Boyar v. Dixon, 2011 Il App (1st) 111013u (December 8, 2011)

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

The Illinois Court of Appeals affirmed the application of the doctrine of election as a bar to beneficiary’s contest to trust amendment, where the trust operated in the same manner as a will and the beneficiary took, and refused to return, tangible personal property belonging to the trust