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Trustees Beneficiaries Settlement Agreements

Proskauer Rose LLP

Wealth Management Update - September 2024

Proskauer Rose LLP on

The September 2024 Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 4.8%, a decrease from the August 2024 rate of 5.2%. The September applicable federal rate (“AFR”) for use...more

Conyers

In the Matter of the P Trusts: Court Ensures Public Trustee v Cooper Application Does Not Get Hijacked

Conyers on

By means of a category two Public Trustee v Cooper application, in which Jeffrey Elkinson and Britt Smith of Conyers, led by Brian Green KC, acted for the successful plaintiffs, the first plaintiff as trustee, and the second...more

Warner Norcross + Judd

Michigan Court of Appeals Rules that Charity Affected by Proposed Settlement Agreement had Right to Intervene in Lawsuit to...

Warner Norcross + Judd on

On December 22, 2022, the Michigan Court of Appeals issued a fascinating opinion which dealt with protection of the rights of a charitable beneficiary under the decedent’s trust. Estate of Evelyn R Ragsdale v. Bishop, Docket...more

Winstead PC

Court Holds That Trust Owned Mineral Interests And Not The Settlor’s Wife

Winstead PC on

In Moore v. Estate of Moore, a decedent’s wife claimed that she had an interest in an oil and gas lease formerly owned by her deceased husband. No. 07-20-00019-CV, 2021 Tex. App. LEXIS 6142 (Tex. App.—Amarillo July 30, 2021,...more

Winstead PC

Court Upheld A Release In A Family Settlement Agreement That Protected A Former Trustee’s Estate From Claims

Winstead PC on

In Austin Trust Co. v. Houren, beneficiaries of a trust executed a family settlement agreement with the trustee and the former trustee’s estate. No. 14-19-00387-CV, 2021 Tex. App. LEXIS 1955 (Tex. App.—Houston March 16, 2021,...more

Downey Brand LLP

Court May Compel Mediation of California Trust Disputes

Downey Brand LLP on

Trust and estate litigators, and mediators, are buzzing over a recent decision from the California Court of Appeal that validates mandatory mediation of trust disputes. In Breslin v. Breslin (Case No. B301382, decided...more

Farrell Fritz, P.C.

Beneficiary To A Trust Lacks Standing To Collect Unpaid Debt

Farrell Fritz, P.C. on

The poet, Robert W. Service once wrote that “a promise made is a debt unpaid.” The question that remains is: Who gets to collect on that unpaid debt?...more

Winstead PC

Court Enforces Release Agreement Between Trustees/Executors and A Beneficiary

Winstead PC on

In Harrison v. Harrison Interests, a beneficiary of an estate and multiple trusts had a dispute with the executors and trustees. No. 14-15-00348-CV, 2017 Tex. App. LEXIS 1677 (Tex. App.—Houston [14th Dist.] February 28, 2017,...more

McGuireWoods LLP

Maryland Allows Use of Nonjudicial Settlement Agreements in Trust Administration

McGuireWoods LLP on

Maryland previously enacted a version of the Uniform Trust Code (UTC), which contains various provisions focused on permitting more efficient administration of trusts. However, Maryland’s version of the UTC initially omitted...more

McGuireWoods LLP

Recent Cases of Interest to Fiduciaries

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In re Estate of House, 2014 Wash. App. LEXIS 3006 (Wash. Ct. App. 2014) - A release waiving any and all claims that the parties may have or may acquire, bars recovery for unknown claims existing at the time the release...more

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