Skip to main content

Topic

Constructive Trusts

77 published works

  1. 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

    By Juan C. Antúnez

    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…

  2. Delaware Corporate & Commercial Litigation Blog

    Fraudulent Conveyance Results in Constructive Trust

    By Francis Pileggi

    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…

  3. Delaware Corporate & Commercial Litigation Blog

    Fraudulent Transfer Act and Constructive Trust Provide Remedy for Claims Against Estate

    By Francis Pileggi

    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…

  4. Wills, Trusts & Estates Prof Blog

    Domestic Partners of 9/11 Victim get Monetary Awards

    By Gerry W. Beyer

    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…

  5. 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…

  6. Wills, Trusts & Estates Prof Blog

    Slayer Seeks Slayee’s Estate

    By Gerry W. Beyer

    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…

  7. Florida Probate & Trust Litigation Blog

    Why “Trust Me” Estate Planning Can Be Disastrous When it Comes to Homestead Property

    By Juan C. Antúnez

    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…