We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 325

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


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


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


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 IRS
  • Bryan Cave LLP
  • USA
  • June 6 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


Breach of fiduciary duty by successor attorney-in-fact under power of attorney
  • Bryan Cave LLP
  • USA
  • June 27 2013

An attorney-in-fact owes fiduciary duties to his or her principal when acting pursuant to a power of attorney. When an attorney-in-fact acts contrary


Trustees and personal representatives left holding the liability bag
  • Bryan Cave LLP
  • USA
  • October 22 2012

When is a transferee of a decedent’s assets not a transferee subject to liability under 6324(a)(2) of the Code?


Trustee was authorized to convey not distribute property to estate of deceased trust beneficiary
  • Bryan Cave LLP
  • USA
  • March 19 2013

Time to get into the weeds on the scope of a trustee's powers. There are basically two sources of power for a trustee - the trust instrument and


IRS rules on estate tax treatment of joint trust created in non-community property state
  • Bryan Cave LLP
  • USA
  • November 21 2014

Several non-community property states have recently enacted statutes authorizing the creation of a joint trust by spouses that would be treated as


Guardians Should Guard Against Claims Of Undue Influence
  • Bryan Cave LLP
  • USA
  • June 7 2017

A guardian‘s job requires that the guardian be involved in the affairs of the ward. In turn, the ward likely is going to be dependent on and trust