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Trusts Beneficiaries Attorney's Fees

Winstead PC

Trustee’s Ability To Retain And Compensate Attorneys In Texas - Presentation

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David F. Johnson presented his paper titled “Trustee’s Ability To Retain And Compensate Attorneys In Texas” to the Texas State Bar’s 48th Annual Advanced Estate Planning and Probate Course on June 13, 2024, in Houston, Texas....more

Foster Swift Collins & Smith

Legal-Ease: What is the Downside of DIY Estate Planning?

Dear Jonathan: I am thinking about preparing my own estate planning documents, including a will, powers of attorney and a trust. A close friend of mine just went through this process and it cost her thousands of dollars and I...more

Winstead PC

Court Affirmed Award Of Damages And Punitive Damages Against A Trustee Due To A Breach Of The Duty To Disclose, Held That A Trust...

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In Mendell v. Scott, a decedent had a trust that named him as primary beneficiary, and upon his death, the trust would continue for a niece provided that she did not commit a prohibited act. No. 01-20-00578-CV, 2023 Tex. App....more

Winstead PC

[Webinar] Fiduciary Litigation Update 2022-2023 - December 19th, 10:00 am - 11:00 am CT

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This update will address the following issues: whether a party has a right to jury trial in trust modification and other similar actions, what are the standards for pretrial receivership and injunctive relief in trust...more

Dunlap Bennett & Ludwig PLLC

The Most Important Questions To Ask An Estate Planning Lawyer

Estate planning involves discussing personal topics such as family, finances, and future goals. A well-designed estate plan will preserve your legacy for generations to come. Therefore, creating an estate plan is one of the...more

Robins Kaplan LLP

Wearing the Right Hat

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As demonstrated in our Gold Medal Bakery case, with corporate fiduciary claims, there can be thought-provoking challenges and issues presented by the question of whether a claim is direct or derivative. Probate and trust...more

Lathrop GPM

Minnesota Court of Appeals Upholds Settlor’s Intent, Rejects Beneficiary’s Petition to Modify Trust and Receive Attorney Fees

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In an opinion released last week, the Minnesota Court of Appeals rejected a petition to modify the terms of a trust to allow for the early distribution of trust assets to the beneficiaries. The court also denied the...more

Downey Brand LLP

When Can California Trustees Use Trust Funds to Hire Lawyers?

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Many family member trustees are uncertain about whether and to what extent they can use trust assets to obtain legal representation. For example, when two parents choose their daughter, upon their incapacity or death, to...more

Holland & Hart LLP

Trustees Beware: Provide Timely Information to Beneficiaries

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Individual trustees often fail to fulfill the duties imposed on trustees, not only by the trust instrument, by also by the trust statutes applicable in the jurisdiction. It is often the case that the individual trustee is a...more

Winstead PC

Trustee Compensation in Texas - Presentation

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Areas of Discussion: - In this Presentation, we will discuss the following: - Duty of loyalty; - Authority for trustee compensation; - Factors for reasonable compensation; - Other issues arising from trustee...more

Downey Brand LLP

Free Rider No More — When Can a California Trust Beneficiary Shift Legal Fees to Other Beneficiaries?

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American courts (including our California state courts), in contrast to courts in England, do not typically award attorneys’ fees to a lawsuit’s “victor.” There are, of course, exceptions to this so-called “American Rule.”...more

Winstead PC

Court Reversed A Summary Judgment For Trustee And Found That A Contingent Remainder Beneficiary Had Standing And Potentially Had A...

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In In the Interest of K.K.W., an ex-wife sued an ex-husband and the trustee of a trust that they created for breaches of fiduciary duty and sought to remove the trustee, among other claims, arising out of the trustee’s...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

Winstead PC

C. Court Did Not Abuse Discretion In Denying Attorney's Fees To Successful Beneficiary In Declaratory Judgment Action

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In Estate of Richardson, a remainder beneficiary of a trust filed a declaratory judgment action to declare that the trust would terminate five years after its creation. No. 14-12-00516-CV, 2013 Tex. App. LEXIS 2664 (Tex....more

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