Topic
Trust Litigation
146 published works
Legal Profession Blog
The Goldbergs Of Utah
The Utah Supreme Court reversed an order of disqualification in trust litigationC. Leon Nelson and Marilynn Tetrick hired legal counsel to assist them in their duties as trustees of the…
The Fiduciary Litigator
Federal Court Dismisses Trust Dispute Due To There Not Being A Justiciable Controversy
In Frank v. Frank, co-trustees filed suit in federal court seeking declarations regarding their authority and potential liabilities. No. 3:22-cv-01757-M, 2023 U.S. Dist. LEXIS 226439 (N.D. Tex. December 20, 2023).…
Archer Estate & Trust Litigation Law
Steven Mignogna to Present “Seven Deadly Claims” at the ACTEC National Meeting
Steven Mignogna, Chair of Archer’s Estate & Trust Litigation Group, will present at the American College of Trust and Estate Counsel (ACTEC) in Phoenix, AZ from March 6-10, 2024. Steve’s program will…
Wills, Trusts & Estates Prof Blog
Can RICO Be Used in a Trust Dispute?
In UMB Bank v. Guerin, a trustee, UMB Bank, sued the beneficiaries of a trust under the Racketeer Influenced and Corrupt Organizations Act (RICO), typically used against organized crime. The…
Wills, Trusts & Estates Prof Blog
Can RICO Be Used in a Trust Dispute?
In UMB Bank v. Guerin, a trustee, UMB Bank, sued the beneficiaries of a trust under the Racketeer Influenced and Corrupt Organizations Act (RICO), typically used against organized crime. The…
The Fiduciary Litigator
Texas Supreme Court To Review Joinder Issue In A Trust Dispute
In In re Tr. A & Tr. C, Established Under Bernard L. & Jeannette Fenenbock Living Tr. Agreement, Dated Mar. 12, 2008, a co-trustee of a family trust transferred stock…
The Fiduciary Litigator
Court Affirms Receivership In Trust Case Based Solely On An Alleged Failure To Disclose And Did Not Require Traditional Equitable Requirements For Receivership Relief
In Moody Nat'l Bank v. Moody, a beneficiary sued a trustee regarding several allegations of breach of fiduciary duty. No. 14-21-00096-CV, 2022 Tex. App. LEXIS 7844 (Tex. App.—Houston [14th Dist.]…
Trust on Trial
A Handoff After 200 Posts
Tyson Hubbard and I launched this blog in November 2015, and today’s post will be number 200. As the years have passed, my colleagues and I have written about new…
Wills, Trusts & Estates Prof Blog
Young Lawyers Network – What All Young Trust and Estate Litigators Should Know
Josh Crowfoot (Crowfoot Law Firm) recently published an article, Young Lawyers Network— What All Young Trust And Estate Litigators Should Know, ABA Probate & Property Magazine, May/June 2023. Provided below…
Legal Profession Blog
Recusal Required
The Tennessee Court of Appeals has ordered the disqualification of a probate judge in a lien disputeWatson Burns, PLLC and Bass, Berry & Sims PLC (collectively “the Firms”) claim an…