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Article

McGuireWoods LLP | USA | 11 Jan 2012

Dewind v. JP Morgan Chase & Co., 2011 U.S. Dist. Lexis 147715 (December 22, 2011)

The Georgia federal district court refused to hear beneficiary claims against a trustee for breach of duty, improper investments, and federal and state racketeering, even though some beneficiaries resided in Georgia.

Article

McGuireWoods LLP | USA | 11 Jan 2012

Beaudoin v. Davidson Trust Company, 2011 Idaho Lexis 138 (November 1, 2011)

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.

Article

McGuireWoods LLP | USA | 18 Oct 2011

Recent cases of interest to fiduciaries: Part 7 Trustee liability for investment losses (Part two)

Patricia Gallagher is the settlor and a beneficiary of a charitable remainder trust created on June 8, 2001, with Keybank as trustee.

Article

McGuireWoods LLP | USA | 18 Oct 2011

Recent cases of interest to fiduciaries: Part 6 trustee liability for investment losses (part one)

Gloria Figel established a trust for the benefit of her son, Terry, and grandson, Spencer, with Wells Fargo Bank, N.A. as trustee.

Article

McGuireWoods LLP | USA | 15 Jun 2011

The Fundamentalist Church of Jesus Christ of Latter-Day Saints v. The Honorable Denise P. Lindberg, Third District Court Judge, 2010 Utah LEXIS 115 (August 27, 2010)

In 1942, the predecessor to the Church of Jesus Christ of Latter-Day Saints formed the United Effort Plan Trust (UEP Trust) for charitable and philanthropic purposes, but conditioned membership in the UEP Trust on consecration of real and mixed property to the trust.

Article

McGuireWoods LLP | USA | 9 Jun 2011

Schmidt v. Hart

In July of 1995, Woodrow Wilson created a revocable living trust, the assets of which included a four-unit apartment building in Portland, Oregon.

Article

McGuireWoods LLP | USA | 13 May 2011

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)

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.

Article

McGuireWoods LLP | USA | 5 May 2011

Glory Kaufman v. JP Morgan Chase Bank, 2010 Cal. App. Unpub. LEXIS 8559 (October 28, 2010)

In March of 2009, Glory Kaufman, as beneficiary of the Donald B. Kaufman Revocable Trust, filed two applications under California Probate Code section 21320 for a determination that proposed petitions to remove and surcharge the trustee would not violate the trust’s no-contest provision.

Article

McGuireWoods LLP | USA | 5 May 2011

Lange v. Nusser, 2011 Cal. App. Unpub. LEXIS 1576 (March 2, 2011)

Ardene Lange executed a revocable trust on January 21, 1997.

Article

McGuireWoods LLP | USA | 3 May 2011

Kristofer Kastner v. InTrust Bank, 2010 U.S. Dist. LEXIS 120927 (November 15, 2010)

On June 5, 1996, Jessie I. Brooks executed a trust, with InTrust Bank as trustee, for the lifetime benefit of her daughter, Nola, with the remainder of the assets distributable to her grandchild Kristofer.

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