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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


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


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


French v. Wachovia Bank, N.A., 2011 U.S. Dist. Lexis 72808 (E.D. Wisconsin 2011)
  • McGuireWoods LLP
  • USA
  • March 21 2012

Corporate trustee did not breach its duties by exchanging insurance policies for new policies obtained through its affiliate


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


Smith v. Marez, 2011 N.C. App. Lexis 2489 (N.C. Ct. App. 2011).
  • McGuireWoods LLP
  • USA
  • March 21 2012

Attempt to designate IRA benefits to pass pursuant to terms of will is invalid


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