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Results: 1-10 of 299

Can a breach of fiduciary duty land a fiduciary in jail?
  • Bryan Cave LLP
  • USA
  • March 21 2013

We spend a lot of time here looking at civil cases involving corporate and individual fiduciaries. That doesn't mean that the wrongful acts


Federal tax consequences of trust modificationreformation: score one for the taxpayer
  • Bryan Cave LLP
  • USA
  • June 13 2013

When is a modification or reformation of an irrevocable trust given effect for Federal tax purposes? In each of two recent private letter rulings


Illinois Supreme Court finds Cook Islands spendthrift trust void as to creditors under common law
  • Bryan Cave LLP
  • USA
  • June 26 2013

In a case of first impression, the Illinois Supreme Court has ruled in Rush University Medical Center v. Sessions, 2012 WL 4127261 (Ill., Sept. 20


Illinois income taxation of trusts: minimum contacts besides settlor’s residency at trust creation required
  • Bryan Cave LLP
  • USA
  • June 16 2014

Last week, we discussed the important issue that settlors, beneficiaries, and trustees of a trust should be thinking aboutDo You Know Which


Trustee of revocable trust has duty only to settlor
  • Bryan Cave LLP
  • USA
  • April 24 2012

In Re: Stephen M. Gunther Revocable Living Trust, 2011 Mo. App. LEXIS 1293, October 4, 2011, is one of the first cases interpreting the duties of a trustee of a revocable trust during the settlor’s lifetime under the Uniform Trust Code


Washington court finds Alaska self-settled asset protection trust subject to Washington Uniform Fraudulent Transfer Act
  • Bryan Cave LLP
  • USA
  • June 28 2013

The Bankruptcy Court for the Western District of Washington has now joined other states in invalidating transfers to a self-settled trust on a


Conflict of interest warranted judicial removal of personal representative and trustee
  • Bryan Cave LLP
  • USA
  • October 31 2013

Individual trustees who must administer real property often attempt to save the trust money by personally making certain improvements, repairs, or


IRS posts final Form 8960 instructions for Net Investment Income Tax
  • Bryan Cave LLP
  • USA
  • March 4 2014

The Internal Revenue Service has posted final instructions to Form 8960, Net Investment Income TaxIndividuals, Estates, and Trusts, to its


Only beneficiaries can ratify trustee’s unauthorized act
  • Bryan Cave LLP
  • USA
  • November 12 2014

Generally, beneficiaries of a trust, with full capacity to act and with full knowledge of the facts, can ratify otherwise invalid acts of a trustee


Breach of fiduciary duty by successor attorney-in-fact under power of attorney
  • Bryan Cave LLP
  • USA
  • June 27 2013

An attorney-in-fact owes fiduciary duties to his or her principal when acting pursuant to a power of attorney. When an attorney-in-fact acts contrary