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Results: 1-10 of 59

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


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


Christopher Gene Fazzi v. Norma Jean Klein, 2010 Cal. App. LEXIS 2112 (December 14, 2010)
  • McGuireWoods LLP
  • USA
  • May 5 2011

On January 29, 1987, Norma Jean Klein and her husband, Lloyd, created a joint revocable trust called the Klein Family Trust, and executed pour over wills


Claude Arnall v. Dawn Arnall, 2011 Cal. App. Unpub. LEXIS 366 (January 19, 2011)
  • McGuireWoods LLP
  • USA
  • May 5 2011

Roland Arnall died on March 17, 2008, leaving a trust with his wife, Dawn, as trustee


Zagorski v. Kaleta (In re Estate of Michalak), 2010 Ill. App. LEXIS 869 (August 20, 2010)
  • McGuireWoods LLP
  • USA
  • June 15 2011

On November 6, 2006, Bozenna Michalak, an 83-year-old Polish immigrant, created a revocable trust and funded it with her home


Klingelhoefer v. Monif, et al., 2012 Neb. App. Lexis 5 (January 17, 2012).
  • McGuireWoods LLP
  • USA
  • March 21 2012

Constance K. Klingelhoefer created a revocable trust and a limited liability company, transferred Nebraska farmland to the LLC, and then gifted a minority interest in the LLC to each of her eleven children


Portico Management Group, LLC v. Harrison, 202 Cal. App. 4th 464 (Cal. App. 3d Dist. 2011).
  • McGuireWoods LLP
  • USA
  • March 21 2012

Trust assets not subject to arbitration award where award is not against co-trustees


Scanlan v. Eisenberg, et al., 2012 U.S. App. Lexis 1112 (January 20, 2012)
  • McGuireWoods LLP
  • USA
  • March 21 2012

Seventh Circuit reverses district court decision that discretionary beneficiary lacked standing to bring surcharge claim for $200 million in investment losses from investment concentration


James Munn v. Michael D. Briggs et al., 2010 Cal. App. LEXIS 860 (June 10, 2010)
  • McGuireWoods LLP
  • USA
  • May 5 2011

In 1983, Janell Munn executed a will exercising a testamentary power of appointment over a trust created by her late husband


Deirdre Foster v. Winifred Foster, 2010 Ark. App. LEXIS 629 (September 15, 2010)
  • McGuireWoods LLP
  • USA
  • May 5 2011

Winifred Foster filed a “pre-death will contest” action during her lifetime to declare the validity of her will and her living trust dated June 26, 2007