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Trustees Public Policy

Downey Brand LLP

Blast from the Past – Trusts Subject to Medi-Cal Reimbursement

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We begin the year with a case, Riverside County Public Guardian v. Snukst (2022) ___ Cal.App.5th ___, involving an elder with dementia who received Medi-Cal benefits. The case, a blast from the past, illustrates how the...more

Rivkin Radler LLP

Insurance Update - December 2021

Rivkin Radler LLP on

Our December Insurance Update features four cases. The Minnesota Supreme Court decides if a resident-relative exclusion violates public policy. A Texas appellate court considers, for a second time, if damage from...more

Downey Brand LLP

Successor Trustee Gets Privileged Documents Even if Trust Says Otherwise

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The attorney-client privilege in California belongs to the office of trustee, not to the incumbent in that office, thus generally allowing successor trustees to obtain confidential communications that their predecessors had...more

Hinshaw & Culbertson LLP

Supreme Court of Nevada Holds That Legal Malpractice Claim Was Impermissibly Assigned

Tower Homes, LLC v. Heaton, ___ P.3d ___, 2016 WL 4273578 (Nev. 2016) - Brief Summary - The Supreme Court of Nevada held that a bankruptcy trustee's stipulation and court's order permitting creditors to pursue the...more

Winstead PC

Exculpatory Clauses In Trust Documents Are “Somewhat” Enforceable In Texas

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It is common for settlors to execute trust documents that contain exculpatory clauses. An exculpatory clause is one that forgives the trustee for some action or inaction. For example, a common exculpatory clause may state...more

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