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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


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


Noel v. Liberty Bank of Arkansas, 2010 U.S. Dist. LEXIS 72298 (July 16, 2010)
  • McGuireWoods LLP
  • USA
  • May 13 2011

On May 12, 2010, Virginia Noel, a Georgia resident, commenced an action in federal district court against Liberty Bank of Arkansas, based on diversity of citizenship and an alleged amount in controversy exceeding $75,000


Joshua Lickter et al. v. Maggie Lickter, 2010 Cal. App. LEXIS 1849 (October 27, 2010)
  • McGuireWoods LLP
  • USA
  • May 13 2011

Lois Lickter died in August 2007, leaving a trust that provided for the distribution of $10,000 distributable to her grandsons, Joshua and Jezra, and the entire residue distributable to her son, Robert


Sheryl Ragen v. Peter Veloz, 2010 Cal. App. Unpub. LEXIS 7262 (September 13, 2010)
  • McGuireWoods LLP
  • USA
  • May 13 2011

Sheila and Tom Veloz established a family trust in 1988 that they restated and amended in June 2001


John Fitzgerald Kennedy v. the Trustees of the Testamentary Trust of the Last Will and Testament of President John F. Kennedy, 2010 U.S. App. LEXIS 22573 (October 28, 2010)
  • McGuireWoods LLP
  • USA
  • May 13 2011

Plaintiff, John Fitzgerald Kennedy, the claimed illegitimate son of Marilyn Monroe and President John F. Kennedy, filed a claim in district court (1) seeking an order compelling the trustees of the testamentary trusts under the will of President John F. Kennedy to pay him funds from the late president’s testamentary trust upon proof of his claim to being the son of the late president and (2) alleging breach of fiduciary duty for failure to investigate his claims


Nelms v. Kramer, 2011 U.S. Dist. LEXIS 21957 (March 3, 2011)
  • McGuireWoods LLP
  • USA
  • May 13 2011

Anna Louise Madsen’s will was admitted to probate in the Kerr County, Texas on April 29, 2010