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Results: 1-10 of 74

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


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


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


Dewind v. JP Morgan Chase & Co., 2011 U.S. Dist. Lexis 147715 (December 22, 2011)
  • McGuireWoods LLP
  • USA
  • January 11 2012

The Georgia federal district court refused to hear beneficiary claims against a trustee for breach of duty, improper investments, and federal and state racketeering, even though some beneficiaries resided in Georgia


Allen et al. v. Ritter, 2011 Md. Lexis 733 (December 15, 2011)
  • McGuireWoods LLP
  • USA
  • January 11 2012

The Maryland Court of Appeals applied the personal representative’s statutory right to require releases from the beneficiaries before making distributions, even where the distribution plan was already approved by the court


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


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