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Results: 1-10 of 74

Kummer v. Donak, 282 Va. 301 (2011)
  • McGuireWoods LLP
  • USA
  • April 26 2012

Justine Critzer died intestate in 2006


Virginia enacts domestic asset protection trust legislation
  • McGuireWoods LLP
  • USA
  • April 9 2012

Virginia will become the thirteenth state to permit a settlor to establish an irrevocable trust of which the settlor is a beneficiary and receive spendthrift protection against the claims of the settlor’s creditors beginning on July 1, 2012


Virginia joins growing number of states enacting trust decanting statutes
  • McGuireWoods LLP
  • USA
  • April 16 2012

On April 4, 2012, Governor McDonnell signed into law Senate Bill 110 which permits a trustee to exercise a discretionary distribution power by appointing the trust principal or income to the trustee of a second trust


Boyar v. Dixon, 2011 Il App (1st) 111013u (December 8, 2011)
  • McGuireWoods LLP
  • USA
  • January 11 2012

The Illinois Court of Appeals affirmed the application of the doctrine of election as a bar to beneficiary’s contest to trust amendment, where the trust operated in the same manner as a will and the beneficiary took, and refused to return, tangible personal property belonging to the trust


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


In re Rstate of Brantman v. Brantman et al., 2011 Ill. App. Unpub. Lexis 3013 (December 2, 2011)
  • McGuireWoods LLP
  • USA
  • January 11 2012

The Illinois Court of Appeals blocked an attempt by a charitable trust beneficiary to bring claims to recover improper distributions to family members made by a former trustee, where the distributions to family members were made in breach of the former trustee’s fiduciary duties and while failing to make specific distributions to numerous charities


Dewind v. JP Morgan Chase & Co., 2011 U.S. Dist. Lexis 147715 (December 22, 2011)
  • McGuireWoods LLP
  • USA
  • January 11 2012

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


Allen et al. v. Ritter, 2011 Md. Lexis 733 (December 15, 2011)
  • McGuireWoods LLP
  • USA
  • January 11 2012

The Maryland Court of Appeals applied the personal representative’s statutory right to require releases from the beneficiaries before making distributions, even where the distribution plan was already approved by the court


Wells Fargo Bank, N.A. v. Estate of Ruth Elaine Mansfield, 281 Neb. 693 (2011)
  • McGuireWoods LLP
  • USA
  • March 21 2012

Trustee did not abuse its discretion by decision to not pay expenses of beneficiary’s final illness where estate assets sufficient


In the Matter of the Accounting by Frieda Tydings, As Trustee of the Ricki Singer Grantor Trust, 2011 NY Slip Op 51177U (Bronx County Surrogate’s Court, June 28, 2011)
  • McGuireWoods LLP
  • USA
  • March 21 2012

Surcharge of individual trustee for making interest-free loans to family members and giving trust profits to family-owned business in which trustee held an interest