News & Analysis as of

Family Law Civil Remedies

Read Family Law updates, news, and legal commentary from leading lawyers and law firms:

Does a removed trustee have a duty to see to it that the fiduciary reins are assumed by a qualified successor?

by Charles E. Rounds, Jr. on

A removed trustee retains myriad residual fiduciary duties and liabilities. The most obvious is the duty not to betray the confidences of the entrustment going forward. Less self-evident is the removed trustee’s residual...more

Trust Protectors, Trust Directors, and the Uniform Directed Trust Act

by Charles E. Rounds, Jr. on

The Uniform Directed Trust Act (the “Act”), approved July 19, 2017 by the National Conference of Commissioners on Uniform State Laws, purports to govern irrevocable directed trusts. For purposes of the Act a directed trust is...more

May a vindicated trustee be reimbursed personally from the trust estate even for those defense costs that were covered by his...

by Charles E. Rounds, Jr. on

As to whether the vindicated trustee’s claim against the trust estate for defense counsel’s fees should be offset by payments made to defense counsel by the trustee’s personal liability insurance carrier, at least one court...more

Modifying Spousal Maintenance in Arizona: Are Changed Circumstances Continuing?

by Jaburg Wilk on

In Perkins vs. Perkins, Division One of the Arizona Court of Appeals addressed the question of changed circumstances for the purposes of modifying a spousal maintenance order and what constituted ‘continuing’ (as opposed to...more

Allowing in parol evidence as to a trust-settlor's intent: Construing trust terms versus reforming them

by Charles E. Rounds, Jr. on

In the Missouri case of Mense v. Rennick, 491 S.W.3d 661 (Mo. App. 2016), the testimony of the settlor-beneficiary of an irrevocable trust as to what she had intended was not allowed in, the court having determined that the...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19688 - State v. Lee - Appellate Court Advance Release Opinions: AC38222 - Robinson v. Robinson - Only alimony paid by a non-party / former spouse it taken into...more

Ferri v. Powell-Ferri

Ferri v. Powell-Ferri: A trust decanting decision that is less than meets the eye

by Charles E. Rounds, Jr. on

The Supreme Court of Connecticut (SCC) certified three trust-decanting questions of law to the Supreme Judicial Court of Massachusetts (SJC) incident to a divorce proceeding. On March 20, 2017, the SJC rendered its answers to...more

Pensions Alert: Benefits for unmarried cohabiting partners

by DLA Piper on

Last week the Supreme Court issued a unanimous judgment in a case concerning a claim by the unmarried cohabiting partner of a member of a public service pension scheme that she should be entitled to receive a survivor's...more

Tactics For Managing Marital Finances

by McManis Faulkner on

During a dissolution of marriage, financial management is essential to avoiding court imposed sanctions. Parties to a dissolution are required to preserve assets until the court has determined respective interests. At times...more

Separate Property and Arizona Marital Community Equitable Lien Rights

by Jaburg Wilk on

In Weeks v Weeks, Division One of the Arizona Court of Appeals addressed the marital community’s equitable lien against separate property of one spouse. The opinion is a memorandum decision and it is therefore not...more

Joint Legal Decision Making Must Parental Addresses be Disclosed?

by Jaburg Wilk on

A recent Arizona Court of Appeals Division Two case - Jorgenson and Giannecchini - addressed whether a wife was required to disclose her residential address to her former husband. The opinion is a memorandum decision...more

Court Affirms Ruling That Adopted Adult Children Were Beneficiaries Of A Trust

by Winstead PC on

In Andresakis v. Modisett, the trustors signed trust agreements in 1976 and 1981, and each agreement created three trusts, one for their daughter, one for their son, and a third trust for their only grandchild, Andresakis....more

Do Durational Limits Apply to Cases That Were Resolved Before the Alimony Reform Act?

by Burns & Levinson LLP on

The Supreme Judicial Court’s recent decision of George v. George provides guidance in applying the durational limits contained in the Alimony Reform Act....more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: A prior appeal in this case concluded that the defendant, former husband, was entitled to seek modification of alimony and support when he voluntarily moved from Florida to...more

The public policy case against retroactively applying new trust law

by Charles E. Rounds, Jr. on

The Supreme Court of Bermuda by statute amendment (Dec. 11, 2015) has been granted a power to declare that the rule against perpetuities shall not apply to a trust instrument executed before the amendment’s effective date,...more

Hague Convention Only Considers One Habitual Residence of a Child

When a child is removed from or retained in a country that is not a child's habitual ­residence a parent can seek to have the child ­returned to their habitual residence country under the Hague Convention on the Civil Aspects...more

The Limits of What A Judge May Order to Stop Parents From Making False Allegations in Custody Battles

by Ward and Smith, P.A. on

Sometimes the most contentious issue in a divorce is not how to divide the parties' cash or assets, but rather how custody will be decided....more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19389 - State v. Edmonds - SC19389 Concurrence - State v. Edmonds - SC19389 Concurrence - State v. Edmonds - SC19389 Dissent - State v. Edmonds...more

Who Has Child Custody Jurisdiction

by Jaburg Wilk on

The decision in Margain vs. Ruiz-Bours [1] provides some insight into the workings of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") as adopted by Arizona in Title 25, Chapter 8, Articles 1 through 3. ...more

May the donee of a limited testamentary power of appointment irrevocably and immediately exercise it inter vivos by contract?

by Charles E. Rounds, Jr. on

The Delaware Chancery Court [In re Estate of Tigani, C.A No. 7339-ML (Del. Ch. Ct. Feb. 12, 2016)] has confirmed that the donee of a limited testamentary power of appointment may not irrevocably, immediately, and effectively...more

Court Affirms Finding Of Informal Fiduciary Relationship Between Step-Mother and Step-Son Based On Decision To Not Resuscitate...

by Winstead PC on

In Shearer v. Shearer, Corrine and John were married from 1990 until 2008. No. 12-14-00302-CV, 2016 Tex. App. LEXIS 5685 (Tex. App.—Tyler May 27, 2016, no pet. history). John became ill in 2009 and was admitted to a hospital...more

Sole interest or best interest: Equity's traditional default loyalty principle is under attack

by Charles E. Rounds, Jr. on

Some in academia have been advocating that trustees generally be held to a best-interest-of-beneficiary default standard rather than the traditional and more rigorous sole-interest-of-beneficiary default standard. See Loring...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC36842 - Antonucci v. Antonucci - In this divorce action, the parties had been married for twenty-five years and had two adult children, and had comparable incomes of about...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC36726 - Schull v. Schull - Trial court properly refused to hold ex-husband in contempt for not paying 50 percent of child’s surgery per the original decree. The Trial...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19494 - State v. Berrios - Appellate Court Advance Release Opinions: AC37045 - Hickey v. Commissioner of Correction - AC33954 - Burr Road Operating Co. II, LLC v....more

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