News & Analysis as of

Fiduciary Duty Guardians

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

When the guardian ad litem “representing” the yet-to-come-into-existence beneficiaries of a trust is nonfeasant or malfeasant

Does a court-appointed GAL in a trust matter owe fiduciary duties to the parties to the trust relationship who have yet to come into existence, e.g., the settlor’s future great grandchildren (hereinafter the “non-existent...more

Burns & Levinson LLP

Four Basic Aspects About Fiduciary Litigation

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Fiduciary litigation, which includes disputes involving families, estates, trusts, and property transfers, can be complex and daunting. However, there are certain basic, frequently encountered aspects of fiduciary...more

Sands Anderson PC

Planning in Panic Mode

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A few years ago, I spent a memorable weekend going back and forth between my office and a client’s hospital room. I spent hours sitting at hospital cafeteria tables or by my client’s bedside while he waited for an operation,...more

Rivkin Radler LLP

Wendy and Jen Wreck the Movies – Rain Man (1988)

Rivkin Radler LLP on

Sanford Babbitt, Charlie Babbitt’s estranged father, died. Charlie returns home and finds out he is only receiving a car and prize-winning roses, and that all of his father’s other assets have been left in trust for the...more

UB Greensfelder LLP

[Webinar] High Stakes Guardianships: Best Practices for Corporate Fiduciaries - October 12th, 2:00 pm - 3:00 pm EDT

UB Greensfelder LLP on

Join Ulmer attorneys Daniela Paez and John R. Harrison as they host a complimentary webinar on high stakes guardianships and best practices for corporate fiduciaries. During the interactive presentation, Daniela and John will...more

Winstead PC

Court Holds That A Trustee Had The Power To Sell Trust Property To An Affiliate, Though Such An Act May Be In Breach Of A Duty

Winstead PC on

In Pense v. Bennett, the ward in a guardianship proceeding sued to invalidate the sale of real property from a trust created for his benefit to an affiliate of the trustee. No. 06-20-00030-CV, 2020 Tex. App. LEXIS 8002 (Tex....more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – October 2019

Goulston & Storrs PC on

The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. ...more

Downey Brand LLP

The Uncertain Role of Court Appointed Counsel in California Conservatorship Cases

Downey Brand LLP on

A conservatorship, once ordered by a Superior Court judge in California, deprives a person of the right to control his or her financial affairs or person, or both. When the judge appoints counsel for the proposed conservatee,...more

Bowditch & Dewey

Estate Planning for Empty Nesters

Bowditch & Dewey on

Your youngest child is finally off to college. The spare bedroom is now a cozy den. The weekly grocery bill has been cut in half. Even the dog is enjoying the peace and quiet. What to do with your newfound freedom? Before you...more

Ballard Spahr LLP

CFPB issues state-specific guides for financial caregivers

Ballard Spahr LLP on

In October 2013, the CFPB released four “Managing Someone Else’s Money” guides for financial caregivers, particularly those who handle the finances of older Americans. The booklets were designed for four different categories...more

Chambliss, Bahner & Stophel, P.C.

Accounting Is Not Only Important - It's Mandatory

Imagine how you would feel if you walked into your bank, asked for a summary of your account activity and the bank told you that it had no idea how much money was in your account or how it had been spent. Of course, this...more

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