Statute
Uniform Trust Code
65 published works
MATTERS of TRUST
The “End Around” Part Deux
By Robert Paine
In a highly anticipated opinion, the Pennsylvania Supreme Court has prevented an end around the no fault removal provision of Uniform Trust Code (“UTC”) Section 706. As we discussed in…
MATTERS of TRUST
Who Pays Attorney Fees in Trust Litigation?
By Robert Paine
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…
Wills, Trusts & Estates Prof Blog
Article on Arkansas Trust Law
Lynn Foster recently published an Article entitled, Arkansas’s Trust Code and Trust Planning: A Ten-Year Perspective, 38 U. Ark. Little Rock L. Rev. 301 (2016). Provided below is an abstract…
New York Trusts & Estates Litigation
Lessons to be Learned From the Power of Attorney
Powers of attorney and trust instruments have each been the subject of many an estate plan. They each have also been the subject of multiple estate litigations. In combination, the…
Wills, Trusts & Estates Prof Blog
Article on the Uniform Trust Code and Common Law
Christina Bogdanski recently published an Article entitled, The Uniform Trust Code and the Common Law: An Analysis of Three Sections of the Code that Deviate from the Common Law and…
MATTERS of TRUST
Trustmark Hit with $2M+ Judgment over Trust Mismanagement
By Robert Paine
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…
MATTERS of TRUST
The Water Cooler
By Robert Paine
New Jersey became the 32nd state, along with the District of Columbia, to adopt the Uniform Trust Code, which became effective in New Jersey on July 17, 2016. Richards Sanders,…
MATTERS of TRUST
An “End Around” Trustee Removal?
By Robert Paine
Uniform Trust Code Section 706 permits the removal of a trustee under specific circumstances, such as (1) commission of a serious breach of trust or (2) where removal is requested by…
Wills, Trusts & Estates Prof Blog
Minnesota Authorizes Statutory Pet Trusts
Minnesota became the 50th state to authorize statutory pet trusts when the governor signed H.F. No. 1372 on May 22, 2016. The statute, based on the Uniform Trust Code, takes…
MATTERS of TRUST
No Fault Removal: Can a Trustee be removed when the Trustee is not at fault?
By Robert Paine
No fault removal statutes begin a power shift. Trust beneficiaries who are faced with lack of personal service, high fees, and unsatisfactory trust administration now have a powerful tool to…