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Results: 1-10 of 74

Emil Peter III, v. Hon Susan Schultz Gibson, 2010 Ky. LEXIS 297 (December 16, 2010)
  • McGuireWoods LLP
  • USA
  • May 13 2011

In 1983, Emil Peter IV’s grandmother bequeathed to him all of the benefits due under her employee pension plan, which initially totaled $86,409.46


In Re: James Craig Guetersloh, 2010 Tex. App. LEXIS 8730 (November 1, 2010)
  • McGuireWoods LLP
  • USA
  • May 13 2011

James Craig Guetersloh, who was not a lawyer, applied for writ of mandamus after a trial court refused to schedule a hearing on his motion to transfer venue of a suit he filed pro se to terminate a trust, in both his individual capacity and in his capacity as trustee of a trust


Recent cases of interest to fiduciaries: Part 7 Trustee liability for investment losses (Part two)
  • McGuireWoods LLP
  • USA
  • October 18 2011

Patricia Gallagher is the settlor and a beneficiary of a charitable remainder trust created on June 8, 2001, with Keybank as trustee


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