Recent Cases of Interest to Fiduciaries: November 2021

In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following:

Potter v. Potter, 252 A.3d 17 (Maryland May 26, 2021). A provision in a Maryland LLC operating agreement purporting to “automatically and immediately” transfer a deceased member’s interest to a designated successor failed to effectively transfer the property because the provision was testamentary in nature and the operating agreement failed to satisfy the will execution requirements under Maryland law.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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