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Estate planning could be affected by Administration’s budget proposals

McGuireWoods LLP
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USA
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April 12 2013

On Wednesday, April 10, the Obama Administration proposed ambitious spending and revenue changes, as it released its proposed budget for fiscal

Trustees owe fiduciary duties until proper resignation under the uniform trust code

McGuireWoods LLP
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USA
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May 30 2012

Dan L. Moser died in 2006 with a will designating Thomas M. Moyer III and Richard R. Hutaff as executors

The probate exception to federal court jurisdiction does not apply to an action to compel a trustee to account

McGuireWoods LLP
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USA
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May 30 2012

William P. Drewry established a trust and served as sole trustee until his death in 2009

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

Ott v. Monroe, 282 Va. 403 (2011)

McGuireWoods LLP
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USA
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April 26 2012

Admiral Dewey Monroe, Jr. and his wife Lou Ann Monroe created a limited liability company in which they each owned membership interests, with Lou Ann as the managing member of the LLC

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
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USA
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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

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

McGuireWoods LLP
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USA
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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

Bellamy v. Langfitt, 2012 Fla. App. Lexis 6379 (2012)

McGuireWoods LLP
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USA
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July 26 2012

Settlement agreement that discharged corporate co-trustee, without naming a replacement as required by the trust terms, rejected as an improper trust modification

In the Matter of the Accounting by Frieda Tydings, As Trustee of the Ricki Singer Grantor Trust, 2011 NY Slip Op 51177U (Bronx County Surrogate’s Court, June 28, 2011)

McGuireWoods LLP
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USA
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March 21 2012

Surcharge of individual trustee for making interest-free loans to family members and giving trust profits to family-owned business in which trustee held an interest

In Re Estate of Billy Joe Stricklan, 2010 Tenn. App. LEXIS 410 (June 28, 2010)

McGuireWoods LLP
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USA
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May 3 2011

Billy Joe Stricklan died leaving two wills, both of which were admitted to probate

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Search results

Estate planning could be affected by Administration’s budget proposals

Trustees owe fiduciary duties until proper resignation under the uniform trust code

The probate exception to federal court jurisdiction does not apply to an action to compel a trustee to account

Portico Management Group, LLC v. Harrison, 202 Cal. App. 4th 464 (Cal. App. 3d Dist. 2011).

Ott v. Monroe, 282 Va. 403 (2011)

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)

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

Bellamy v. Langfitt, 2012 Fla. App. Lexis 6379 (2012)

In the Matter of the Accounting by Frieda Tydings, As Trustee of the Ricki Singer Grantor Trust, 2011 NY Slip Op 51177U (Bronx County Surrogate’s Court, June 28, 2011)

In Re Estate of Billy Joe Stricklan, 2010 Tenn. App. LEXIS 410 (June 28, 2010)

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