Traditionally, each party to a lawsuit must pay their own fees and expenses, including attorney fees. Courts typically award litigation fees and expenses against another party only in cases where the other party engaged in egregious conduct such as bad
MATTERS of TRUST
Insight and Commentary on Trust Administration and Litigation
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Does a Trust Beneficiary Have a Right to Information about the Trust?
If you are a beneficiary of a trust, are you entitled to an accounting of the assets of the Trust and the activities of the Trustee? Are you entitled to know what assets are in the trust, how the assets…
The Water Cooler
Court Awards Punitive Damages in Breach of Fiduciary Duty Suit Against Regions
A Chancery Court in Mississippi has entered a final Order (as amended) awarding punitive damages to the Plaintiffs in their suit against Regions Bank for breach of…
So, You Want to Remove Your Trustee?
It is not uncommon for tensions to develop between a trustee and trust beneficiaries. In such cases, trust beneficiaries may want to remove a trustee and appoint a different trustee. Some causes of beneficiary complaints include poor trustee communication, poor…
The Water Cooler
A. M. Publishing recently released its quarterly Trust Performance Report, which tracks the trust industry’s asset and revenue data. The following are a few highlights:
- Asset growth rates are improving.
- Revenue growth rates are also improving although revenue growth rates lag asset
…
The Water Cooler – Trump’s Estate Tax Plan
What might the estate tax look like in a Trump administration? Ashlea Ebeling of Forbes offers an in-depth look at President Elect Trump’s estate tax plan which boils down to repeal of the estate tax (and possibly the gift tax…
Trustmark Hit with $2M+ Judgment over Trust Mismanagement
This is the final installment of a series of posts that examine recent litigation against bank trustees in Mississippi. For the prior installments, please see Regions Hit with $4M Judgment over Trust Mismanagement and Renasant Settles Trust Mismanagement Litigation.…
The Water Cooler
Around The Water Cooler this morning, we’re talking about inflation and Clinton vs. Trump on the estate tax:
- In an excellent piece, Where do our Presidential Candidates Stand on Estate Tax?, Stacie Rottenstreich and Stephanie Moll at Bryan Cave
…
The Water Cooler
Around The Water Cooler this morning, we’re discussing the ongoing Benson litigation, House and Senate Republicans respond to IRC Section 2704 Proposed Regulations, and tax appointment clauses through the lens of the Tom Clancy Estate.
Just when you thought the…
Renasant Settles Trust Mismanagement Litigation
This is the second installment of a series of posts that examine recent litigation against bank trustees in Mississippi. To read the first, please see Regions Hit with $4M Judgment over Trust Mismanagement.
Thomas Longnecker was the long-time…