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Due Process Trusts Appeals

Warner Norcross + Judd

What is a Special Fiduciary and When Can the Probate Court Appoint One?

Warner Norcross + Judd on

The Michigan Court of Appeals recently issued a decision that considered the scope of the probate court’s ability to appoint a special fiduciary. In re Trueman Harrison and Modesta Harrison Trust, No 368031, 2025 WL 272281...more

Downey Brand LLP

Mind Your Notice in California – Even Remote Contingent Beneficiaries May Need to Be Served

Downey Brand LLP on

It’s unremarkable that California courts require that notice be given to affected beneficiaries in trust and probate proceedings. After all, the Fourteenth Amendment guarantees that no person will be deprived of life,...more

Eversheds Sutherland (US) LLP

US Supreme Court hears trust nexus oral arguments

On April 16, 2019, the US Supreme Court heard oral arguments for North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, which asks whether the Due Process Clause prohibits states from taxing trusts...more

Downey Brand LLP

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

Downey Brand LLP on

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

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