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Results: 1-10 of 311

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


How is an Illinois trust now like a fine wine? It can be decanted: a summary of the new Illinois decanting statute
  • Bryan Cave LLP
  • USA
  • May 16 2013

Effective January 1, 2013, Illinois statute authorizes "decanting" of irrevocable trusts. What is decanting, you ask? Isn't that something you do


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


Trustee did not breach fiduciary duty by favoring one beneficiary in distributions and investments
  • Bryan Cave LLP
  • USA
  • October 17 2013

The words in a trust instrument mean something. So, too, does the absence of words in the trust instrument. Therefore, when in a trust instrument a


Where do our Presidential Candidates Stand on Estate Tax?
  • Bryan Cave LLP
  • USA
  • September 27 2016

Both presidential candidates have proposed changes to the estate tax regime. Coming as a surprise to nobody, the proposals are quite different. Mr


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


Projected Inflation-Adjusted Estate, Gift and GST Tax Exclusion Amounts for 2017 Now Available
  • Bryan Cave LLP
  • USA
  • September 22 2016

Based on the Consumer Price Index for the 12-month period ending August 31, 2016, Thompson Reuters Checkpoint has released their projected


When can (and can’t) New Jersey tax a trust?
  • Bryan Cave LLP
  • USA
  • June 20 2013

Many states base trust income taxation on the domicile or residence of the settlor at the time the trust became irrevocable. Some of these states


Does a trustee’s lawyer owe a fiduciary duty to the trust beneficiaries?
  • Bryan Cave LLP
  • USA
  • May 20 2015

There is seemingly a line - at least under Florida law - that will not yet be crossed in the expanding world of third parties who purportedly owe


The use of expert witnesses in breach of fiduciary duty cases
  • Bryan Cave LLP
  • USA
  • January 24 2013

The role of experts in breach of fiduciary duty cases is an emerging and unsettled area of law. Of course there will always be questions about