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Results: 1-10 of 313

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


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


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


Do you know which states are trying to tax your trust?
  • Bryan Cave LLP
  • USA
  • June 9 2014

In an environment in which states are continuously searching for methods of increasing tax revenues, a major consideration for any settlor


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


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


How Far Can A Grantor Go In Eliminating The Duty To Account?
  • Bryan Cave LLP
  • USA
  • December 1 2016

Trusts are often used to transfer wealth privately without the messiness of a public estate administration. That financial privacy can get blown


Expert Testimony Necessary On Standard Of Care? Maybe Sometimes, But Not Always.
  • Bryan Cave LLP
  • USA
  • January 4 2017

Whether a plaintiff needs an expert witness in a breach of fiduciary duty case to testify on the standard of care is a frequently debated topic. In


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


Fraud and undue influence in non-probate transfers of assets
  • Bryan Cave LLP
  • USA
  • May 21 2012

Non-probate transfers of assets can be tough to attack