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Results: 1-10 of 74

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


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


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


Estate of Campana v. Comerica Bank & Trust, N.A., 2012 U.S. Dist. Lexis 1490 (N.D. W. Va. 2012)
  • McGuireWoods LLP
  • USA
  • March 21 2012

Arbitration clause in agreement between investment advisor and trustees bars trust beneficiary’s suit against investment advisor


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


Virginia enacts directed trustee statute
  • McGuireWoods LLP
  • USA
  • April 26 2012

On April 4, 2012, Virginia Governor McDonnell signed into law Senate Bill 180 which, when incorporated into a trust either by the settlor or the interested parties, provides protections for a trustee when acting or not acting pursuant to the directions of a trust director


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


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