News & Analysis as of

Trustees Trusts Appellate Courts

Winstead PC

Texas Supreme Court Declines The Chance To Rule On Whether There Is A Right To A Jury Trial In A Trust Modification Suit

Winstead PC on

In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other modifications, including, incredibly,...more

The Estate Lawyers

The Importance of Formal Communications When Amending Trusts

The Estate Lawyers on

A recent appellate case serves as a valuable lesson for both estate planners and beneficiaries about adhering to formal procedures when making changes to a trust. The court found that the mere exchange of emails was...more

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

So What is a Trust, Really? Newell v. Superior Court and the Worst Party Game Ever

Downey Brand LLP on

Hey everybody – it’s January! How was your New Year’s Eve? How did you celebrate? Did you go to a party? Did you host a party? Were there games at your party? What kind of games? Charades? Jenga?  Maybe you went crazy and...more

Winstead PC

Court Holds That Contingent Remainder Beneficiary Has Standing To Sue Trustee For Breach Of Fiduciary Duty

Winstead PC on

In In re Est., the court of appeals dealt with whether a contingent beneficiary can file claims against a trustee. No. 02-23-00104-CV, 2024 Tex. App. LEXIS 1878 (Tex. App.—Fort Worth March 14, 2024, no pet.)....more

Warner Norcross + Judd

How Solid is the Stipulated Order for Paying Litigation-related Attorney Fees from a Trust?

The Michigan Court of Appeals recently issued an interesting ruling regarding the ability of a litigant in probate litigation to recover attorney fees from the trust in dispute, even if all parties agree to such payment. In...more

Downey Brand LLP

Haggerty v. Thornton Overcomes a Four-on-One Advantage and Scores a Slam Dunk for Trust Settlors

Downey Brand LLP on

For centuries, serious legal scholars have debated what is possibly the most vital question of our times: in what ways, if any, does our judicial system differ from basketball? Now, thanks to the California Supreme Court’s...more

Winstead PC

Court Rules That There Is No Right To A Jury Trial In A Trust Modification Suit And Affirms The Modifications Of A Trust

Winstead PC on

First Appellate Decision. In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other...more

Jackson Lewis P.C.

Second Circuit Grants Fund’s Audit Request Well Beyond CBA Coverage

Jackson Lewis P.C. on

In a decision that bodes poorly for unionized employers, the U.S. Court of Appeals for the Second Circuit recently held that a union benefit fund was contractually entitled to conduct an audit whose scope far exceeded the...more

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