News & Analysis as of

Trustees Motion to Compel

Pillsbury Winthrop Shaw Pittman LLP

Bankruptcy Court Splits the Baby on Real Estate Landlord’s Claim for Unpaid Postpetition Rent

A chapter 7 trustee-lessee’s failure to comply with postpetition, pre-rejection lease obligations does not automatically give the landlord an administrative expense claim, as some courts fashion alternative remedies on a...more

Patton Sullivan Brodehl LLP

Failure to Pay Attention to Trustee Notice Can Be Fatal

Understanding the significance of trustee notice, as mandated by Probate Code Section 16061.7, is crucial in trust administration.  This notice is required upon the occurrence of certain events, most notably, when a trust...more

Holland & Hart LLP

Arbitration Clause Held Not Enforceable as to the Validity of the Trust Amendment

Holland & Hart LLP on

There has been considerable discussion regarding including arbitration clauses in estate planning documents over recent years. Some estate and trust attorneys are actively pushing for the inclusion of such clauses. Recently,...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

McDermott Will & Emery

Are Claims Concerning a Trust’s Validity Arbitrable? Another Court Says No

McDermott Will & Emery on

A recent Arkansas Court of Appeals ruling indicates that courts may be unwilling to enforce arbitration provisions set forth in testamentary documents where a beneficiary challenges the validity of the document itself....more

Winstead PC

Federal Court Holds That Trust Beneficiaries’ Claims Against Brokerage Firm Should Not Be Compelled To Arbitration

Winstead PC on

In Freeman v. Fid. Brokerage Servs., LLC, the mother of the plaintiffs executed a living trust agreement. No 3:18-CV-0947-G, 2019 U.S. Dist. LEXIS 34694 (N.D. Tex. March 5, 2019)....more

McGuireWoods LLP

Recent Cases of Interest to Fiduciaries April 2019

McGuireWoods LLP on

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: Ali v....more

Holland & Knight LLP

District Court: ESOP Arbitration Provision Doesn't Apply to "Cashed-Out" Participant - Court Does Not Rule, However, That the...

Holland & Knight LLP on

• The U.S. District Court for the Southern District of Ohio has ruled that the arbitration provision of an employee stock ownership plan (ESOP) does not apply to the plaintiff's class representative because she had "cashed...more

Winstead PC

Court Holds That Administrator Is Not Bound By Arbitration Clause In A Will

Winstead PC on

In Ali v. Smith, a successor administrator of an estate sued the former executor for breach of fiduciary duties arising from his management of the finances of the estate, converting assets of the estate, and using estate...more

Burr & Forman

TN Trust Code Authorizes Pre-Dispute Arbitration Agreement: Not Per Se Breach of Duty, but May Not Bind Non-Signatory Beneficiary

Burr & Forman on

The Tennessee Supreme Court recently held that Tennessee’s Trust Code and broad trust-instruments authorize a Trustee’s execution of a pre-dispute arbitration clause. That isn’t a per se breach of fiduciary duty, but the...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Unconscionability Claims in Arbitration Clause

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which a plaintiff filed a breach of fiduciary duty claim in federal court and opposed defendants' efforts to move the claims to arbitration. The plaintiff claimed...more

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