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Results: 1-10 of 74

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


Bowen v. Bowen, 2011 Utah App. Lexis 347 (October 14, 2011)
  • McGuireWoods LLP
  • USA
  • January 11 2012

The Utah Court of Appeals affirms the trial court’s invalidation of a trust amendment where the amendment did not comply with the trust terms for a valid amendment


Beaudoin v. Davidson Trust Company, 2011 Idaho Lexis 138 (November 1, 2011)
  • McGuireWoods LLP
  • USA
  • January 11 2012

The Idaho Supreme Court upheld dismissal of claims against a corporate trustee due to a lack of any fiduciary relationship owed to a contingent beneficiary after the interests of the actual beneficiaries had vested


Chabot v. Chabot, 2011 U.S. Dist. Lexis 131361 (Idaho 2011)
  • McGuireWoods LLP
  • USA
  • January 11 2012

The Idaho federal court held that the probate exception to federal court jurisdiction applies to a trust that operates as a will substitute, but refused to apply the exception to dismiss for lack of subject matter jurisdiction claims against a trustee for breach of fiduciary duties


Derringer v. Emerson, 435 Fed. Appx. 4 (D.C. Cir. 2011)
  • McGuireWoods LLP
  • USA
  • April 26 2012

Richard Solem created a revocable trust for the benefit, after his death, of his daughters and a charitable foundation


Bell v. Casper, 282 Va. 203 (2011)
  • McGuireWoods LLP
  • USA
  • April 26 2012

In 2009, Clayton Devoy Lynn was convicted of the 2005 murder of his mother, Collette Lynn Lockard


Smack v. Smack, 81 Va. Cir. 22 (Va. Cir. 2010)
  • McGuireWoods LLP
  • USA
  • April 26 2012

A father created a trust for the benefit of two brothers and their step-brother with the step-brother named as trustee


Virginia enacts domestic asset protection trust legislation
  • McGuireWoods LLP
  • USA
  • April 9 2012

Virginia will become the thirteenth state to permit a settlor to establish an irrevocable trust of which the settlor is a beneficiary and receive spendthrift protection against the claims of the settlor’s creditors beginning on July 1, 2012


Virginia joins growing number of states enacting trust decanting statutes
  • McGuireWoods LLP
  • USA
  • April 16 2012

On April 4, 2012, Governor McDonnell signed into law Senate Bill 110 which permits a trustee to exercise a discretionary distribution power by appointing the trust principal or income to the trustee of a second trust


Klingelhoefer v. Monif, et al., 2012 Neb. App. Lexis 5 (January 17, 2012).
  • McGuireWoods LLP
  • USA
  • March 21 2012

Constance K. Klingelhoefer created a revocable trust and a limited liability company, transferred Nebraska farmland to the LLC, and then gifted a minority interest in the LLC to each of her eleven children