Topic
Constructive Trusts
77 published works
Florida Probate & Trust Litigation Blog
“Constructive trust” + “quasi in rem jurisdiction” = tool for recovering probate assets when the doors of the probate courthouse are closed to you
What do you do if an heir shows up after the probate proceeding has been closed? You can try to reopen the estate under F.S. 733.903. But what if that…
Delaware Corporate & Commercial Litigation Blog
Fraudulent Conveyance Results in Constructive Trust
In Wilmington Savings Fund Society v. Kaczmarczyk, (Del. Ch., March 1, 2007), 2007 WL 704937, read opinion here, the Delaware Chancery Court granted a constructive trust regarding proceeds from the sale of…
Delaware Corporate & Commercial Litigation Blog
Fraudulent Transfer Act and Constructive Trust Provide Remedy for Claims Against Estate
Dryden v. Estate of Joseph Gallucio, Jr., (Del. Ch. Jan. 11, 2007), read opinion here . This Chancery Court post-trial letter opinion addresses a dispute between the ex-wife of the decedent and…
Wills, Trusts & Estates Prof Blog
Domestic Partners of 9/11 Victim get Monetary Awards
In Cruzv. McAneney, (N.Y.A.D. 2 Dept) 2006 WL 1174142, the domestic partner of a victim of theterrorist attacks of September 11th, 2001, brought suit against the victim’sestate, seeking to recover…
Family Law Prof Blog
Case Law Development: Domestic Relations TROs as QDROs and Constructive Trust Remedies
By Family Law
The United States District Court for the District of Kansas spells out very nicely what makes a domestic relations order a qualified domestic relations order under ERISA in a case…
Wills, Trusts & Estates Prof Blog
Slayer Seeks Slayee’s Estate
Wife was involved in killing Husband and is currently in "the big house" serving a 15-year sentence for involuntary manslaughter. Wife's boyfriend is serving a life sentence for smashing in…
Florida Probate & Trust Litigation Blog
Why “Trust Me” Estate Planning Can Be Disastrous When it Comes to Homestead Property
Collinson v. Miller, 2005 WL 840188 (Fla. 2 DCA April 13, 2005) (TRIAL COURT REVERSED) This case should be kept in your files and shared with clients who would rather…