News & Analysis as of

Beneficiaries

Undue Influence Cases - A Litigator’s Perspective

Before one considers filing an undue influence claim seeking to set aside a change in a Will or a recent transfer which reduces his or her share in an estate, there are a number of important factors to consider. In order to...more

Court Affirmed Summary Judgment For A Trustee Due To An Exculpatory Clause

by Winstead PC on

In Kohlhausen v. Baxendale, the court affirmed a summary judgment for a trustee on the basis of an exculpatory clause in a trust document. No. 01-15-00901-CV, 2018 Tex. App. LEXIS 1828 (Tex. App.—Houston [1st Dist.] March 13,...more

Material Breach Releases Obligation To Third Party Beneficiaries

by Allen Matkins on

On April 12, 2018, the Nevada Supreme Court held that one party's material breach of a contract releases the non-breaching party's contractual obligation to a third-party beneficiary. Cain v. Price, 134 Nev. Adv. Op. 26...more

Medicare Secondary Payer Act Alert

by Wilson Elser on

The recent decision in Mayo v. NYU Langone Med. Ctr., 2018 NY Slip Op. (U) 30456 (N.Y. Sup. Ct. March, 13, 2018), voiding a settlement on grounds of mutual mistake, holds important lessons for those seeking to resolve a claim...more

GAO Says CMS Must Do More to Protect Medicare Info

by Murtha Cullina on

In a report released on April 5, 2018, the Government Accountability Office (GAO) concluded that the Centers for Medicare and Medicaid Services (CMS) has not done enough to adequately protect the electronic data of Medicare...more

Time to revisit the Retirement Equity Act? Married Spouse denied $2.7 million ESOP Benefit of Deceased Spouse

On April 3, 2018, The Eighth Circuit Court of Appeals affirmed a summary judgment decision against Susan Wengert who had sued the plan administrative committee of the Majors Plastics ESOP, the personal representative of the...more

Choosing Retirement Account Beneficiaries Requires Some Thought

While the execution of wills requires formalities like witnesses and a notary, the reality is that most property passes to heirs through other, less formal means....more

Court Enforced Forum-Selection Clause In Trust Document

by Winstead PC on

In In re JP Morgan Chase Bank, N.A., trust beneficiaries sued the trustee for alleged breaches of fiduciary duty in Dallas, Texas. No. 05-17-01174-CV, 2018 Tex. App. LEXIS 1883 (Tex. App.—Dallas March 14, 2018, original...more

Seventh Circuit Holds That ERISA Does Not Pre-empt Illinois Slayer Statute

by Holland & Knight LLP on

• In Laborers' Pension Fund v. Miscevic, the U.S. Court of Appeals for the Seventh Circuit held that the Illinois slayer statute is one state statute that is not pre-empted by ERISA. A slayer statute is a law that prevents an...more

Court Reversed Order Removing Trustee Where Trustee Did Not Receive Notice Of The Hearing

by Winstead PC on

In In re Estate of Moore, the court of appeals addressed the proper procedure for removing an acting trustee and appointing a successor trustee. No. 08-14-00298-CV, 2018 Tex. App. LEXIS 1950 (Tex. App.—El Paso March 15, 2018,...more

IRS Provides Guidance on Searching for Missing 403(b) Participants

On February 23rd, the IRS issued a memorandum to its examiners instructing them not to challenge a 403(b) plan for failing to satisfy the required minimum distribution (“RMD”) rules with respect to missing participants or...more

Texas Supreme Court Holds That Testator Devised Property As A Life Estate

by Winstead PC on

In Knopf v. Gray, the will disposed of the testator’s entire estate, specifically including a tract of land. No. 17-0262, 2018 Tex. LEXIS 249 (Tex. March 23, 2018)....more

It’s All About Trust

Trusts are popular estate planning tools people use for a variety of reasons including providing for the long-term management of assets for minor beneficiaries, people with disabilities, or financially irresponsible adults....more

Highest Court Affirms Insurance Company’s Interpleader

by Steptoe & Johnson PLLC on

On March 13, 2018, the West Virginia Supreme Court of Appeals held that an insurance company can pay the proceeds of a life insurance policy into the court when there is a dispute as to who is the rightful beneficiary. At...more

Will U.S. Supreme Court Decision In Life Insurance Case Affect California's Limited Liability Company Law?

by Allen Matkins on

Yesterday, the U.S. Supreme Court heard oral arguments in Sveen v. Melin (Case No. No. 16-1432). The case involved a dispute over life insurance proceeds between a decedent's former spouse and his children by a former...more

Trust Beneficiary Permitted to Contest Trust Despite No-Contest Clause

Key Takeaway: In Ginsberg et. al. v. Ginsberg et. al., Judge Leibensperger ruled that a trust beneficiary could assert a trust was procured by fraud despite the presence of a in terrorem or no-contest clause. Judge...more

Send Out the Search Party: The DOL and Other Agencies Focus on Plan Efforts to Locate Missing Participants (Part 1)

In the past year, the Department of Labor (DOL) has drastically increased audits of retirement plans with participants – or beneficiaries – who cannot be located in conjunction with the distribution of owed benefits. ...more

Abuse Under a Power of Attorney (A Case Study)

The transfer of wealth from the elderly has become the subject of heightened judicial scrutiny over the last several years, and this trend will only grow with the aging of the population. Part of the issues faced by courts...more

Families, Fiduciaries and Firearms: Estate Administration and Distribution of Firearms in the State of Washington

by Davis Wright Tremaine LLP on

The ownership of firearms has been a topic of much debate and scrutiny in recent months. As a part of this national conversation, it is important for gun owners (and their fiduciaries) to generally understand the applicable...more

Court Held That Estate Beneficiary Did Not Have Standing To Assert Forfeiture Or Breach Claim Against Executrix’s Attorneys, That...

by Winstead PC on

In re Nunu, an estate beneficiary sued the executrix to have her removed due to alleged breaches of fiduciary duty and also sought to have the court refuse to pay her attorneys in representing her in a removal action and/or...more

Defence + Indemnity: February 2018 - VI. SURETY AND BOND ISSUES

by Field Law on

VI. SURETY AND BOND ISSUES - A. Supreme Court of Canada finds obligee/trustee under a Labour and Material Payment Bond breached the fiduciary duty owed to a claimant by failing to disclose existence of the Bond. Valard...more

Executor Can Swing Away at an Omitted Spouse Petition

by Downey Brand LLP on

Born in Fresno, Kirk Kerkorian was an Armenian-American who went on to become a wealthy businessman and philanthropist, known for his role in shaping development in Las Vegas. After Kerkorian died in June 2015 at the age of...more

Will the “Real” Representative Please Stand – Litigation in Estate Proceedings

by Nexsen Pruet, PLLC on

Last month, the Supreme Court of South Carolina, in Fisher v. Huckabee, 2018 WL 1076808 (Feb. 28, 2018), addressed the question of who may bring a suit on behalf of a deceased individual if the personal representative has a...more

Is the Statute of Limitations Really Running?

The concept of a statute of limitations is easy to understand: a lawsuit has to be commenced within so many years after the complained of act occurred or pursuit of the lawsuit may be forever barred. Where it gets tricky are...more

Court Interpreted the Phrase “In Equal Shares Per Stirpes” in a Trust Document

by Winstead PC on

In Archer v. Moody, the litigants in the declaratory judgment action were remainder beneficiaries of a trust created in 1934 and owned a 15,000-acre ranch near Junction, Texas. No. 14-15-00945-CV, 2017 Tex. App. LEXIS 11642...more

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