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Asset Management Fiduciary Duty Beneficiaries

Gordon Rees Scully Mansukhani

Kositzka v. Fick: Key Lessons on Trustee Fiduciary Duty in Virginia Trusts

In a recent decision, the Court of Appeals of Virginia upheld a lower court’s ruling that Kositzka, Wicks and Company (KWC) breached its fiduciary duty to Edward Joseph Ryan, awarding his estate $999,050 in damages, attorney...more

Walkers

Retiring trustee – reasonable security and retention of assets

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Under section 43(b) of the Trusts (Guernsey) Law, 2007, when a trustee resigns or is removed it may require that it be provided with reasonable security for liabilities before surrendering trust property....more

Walkers

Intergenerational wealth transfer planning part 1: By failing to prepare you are preparing to fail

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As widely reported, the coming years will likely see a significant transfer of assets and wealth across generations. Each family's circumstances will ultimately determine the nature and extent of these transfers, and any...more

Charles E. Rounds, Jr. - Suffolk University...

Parsing the Uniform Trust Code in Isolation Without Regard to the Uniform Probate Code and the Uniform Powers of Appointment Act...

Intro. The Uniform Trust Code (UTC) is a mere aggregation of tweaks to the corner of equity jurisprudence that long ago gave birth to and currently stewards the trust relationship, hereinafter “the background trust law.”...more

Robins Kaplan LLP

The Robins Kaplan Spotlight, Vol. 10 No. 1 - March 2025

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The Spotlight strives to provide a forum to discuss the latest news and compelling issues impacting fiduciaries and those to whom fiduciaries owe duties. Whether you are an officer, director, trustee, beneficiary, trust...more

Jaburg Wilk

Naming Co-Trustees of Your Trust – When Being “Fair” Creates More Problems Than It Solves

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A component of creating a trust, is naming trustees for the trust. They are given powers which include managing the trust and its assets. Trust can have a single trustee or co-trustees named. Additionally, a successor...more

Charles E. Rounds, Jr. - Suffolk University...

Individual Trustee Delegates to Financial Institution the Job of Taking Custody and Keeping Track of Income and Principal: The...

While PC software programs are a practical improvement over the trustee’s hard-copy ledger book, when it comes to keeping track of trust income and principal these programs still require serious clerical monitoring on the...more

Shook, Hardy & Bacon L.L.P.

Judgment Secured in Case Alleging Mismanagement of Artist's Trust

A five-year legal dispute between heirs of the renowned artist Thomas Hart Benton and the trust department that administered and managed the Benton Trust produced a significant ruling last month in Jackson County, Missouri...more

Schwabe, Williamson & Wyatt PC

Fostering Harmony in Your Estate Plan

Planning for your own incapacity or death can be a stressful experience, not just for yourself, but for anyone who will be affected by the plan. Here are some considerations that may preserve the peace within your family, now...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, January/February 2025

Managing your residuary estate - Even with a comprehensive estate plan, it’s likely you’ll have some assets in a residuary estate. Like the sediment at the bottom of your glass after you finish a fine wine, an estate plan...more

Robins Kaplan LLP

The Wealth Dispute Navigator: Which Profile Are You?

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Over the next two decades, reports are estimating that baby boomers will pass down a combined $84.4 trillion in assets to younger generations. Dubbed the “Great Wealth Transfer,” this phenomenon is already underway and will...more

Farella Braun + Martel LLP

John Wick - What You Need To Know about the Corporate Transparency Act

Welcome to The Verdict: Estate Planning Through Film. In episode two, host Hons Yung is joined by Farella Braun + Martel's Greg LeSaint to discuss the movie John Wick and the Corporate Transparency Act (CTA). Greg breaks...more

McGuireWoods LLP

Once Removed Episode 24: Expressing Goals and Intent for the Trust

McGuireWoods LLP on

For parents with young children, naming the guardian who will raise their children upon the parents’ passing can be one of the most important and foundational questions of an estate plan. And in fact, because this decision is...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, January/February 2024

Married couples: Joint or separate trusts? Revocable trusts are a key component of many estate plans. Among other things, these trusts allow you to minimize probate expenses, keep your financial affairs private and provide...more

Winstead PC

Who Has The Duty To Prepare An Accounting When The Trustee Dies Or Becomes Incapacitated?

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Beneficiaries of trust can face a difficult situation when the trustee of their trust either dies or becomes incapacitated. They may have many questions about the trust, such as what assets are in the trust or should be in...more

Gray Reed

“Hi, I Think Your Dad is Also My Dad”: Illegitimate Heirs – Fiduciaries

Gray Reed on

Mary Goodblood grew up believing that she was Cash Goodblood’s only daughter. Twenty-five years after he died, her dad’s brother Uncle Trusty sold the Goodblood family business for a tidy sum. After report of the lucrative...more

Foodman CPAs & Advisors

Fideicomisos (“Trusts”): Entendiendo Para Que No Se Deje Engañar

Los Fideicomisos (“Trusts”) son vehículos que pueden ayudar en la preservación de la riqueza y la propiedad para las generaciones futuras, proteger activos o llevar a cabo un propósito caritativo. Un Fideicomiso es una...more

Foodman CPAs & Advisors

Understanding Trusts So You Are Not Mislead By The Word “Trust”

Trusts are vehicles that can assist in the preservation of wealth and property for future generations, protect assets, or carry out a charitable purpose. A trust is an entity created and governed under the state law in which...more

Allen Barron, Inc.

A Primer On Trusts - A Podcast with Janathan Allen

Allen Barron, Inc. on

We invite you to listen to our podcast, A Primer on Trusts with Janathan Allen. We begin with an overview of several key terms associated with a trust including: Trustee, Grantor, Beneficiary, Executor, Pour Over Will,...more

Warner Norcross + Judd

Should I Use a Professional Advisor as My Trustee?

Selecting the person or institution who will act as your trustee is one of the most important decisions you and your family members will make. For the task of managing your trust, it is natural to want to choose a family...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, September/October 2023

Preparing for 2026 - Four ways to build flexibility into your estate plan - January 1, 2026, is a significant date for estate planning. On that day, the federal gift and estate tax exemption amount set by the Tax Cuts...more

Cole Schotz

Named As A Trustee And Wondering What To Do? Here Is A Checklist Of Duties To Get You Started

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Maybe a friend or a relative has recently passed away and you just received a communication informing you that you have been named as a trustee. You have no idea what this role entails, and you feel overwhelmed having no...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - August 2023

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Subject Matter Matters in Land Court - DiNicola v. Ely, et al., No. 23 MISC 000128 (2023), Berkshire County (Land Court May 25, 2023) - Does the Massachusetts Land Court have subject matter jurisdiction over claims...more

Amundsen Davis LLC

Is it Time to Update Your Estate Plan?

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Things change; a periodic review of your estate plan is an important part of plan maintenance. Your basic estate plan (will, trust, powers of attorney, etc.) can be amended whenever necessary. It’s important to consider your...more

Winstead PC

Texas Supreme Court Holds That The Incorporation Of AAA Rules Can Delegate Scope Issues To The Arbitrator, Which May or May Not...

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The Texas Supreme Court held that arbitration clauses in trust documents may be enforced regarding claims by beneficiaries against trustees. In Rachal v. Reitz, a beneficiary sued a trustee for failing to provide an...more

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