Topic
Trust
1,086 published works
The Fiduciary Litigator
Court Held That The Term “Spouse” In A Trust Meant The Primary Beneficiary’s Wife At The Time Of The Trust’s Execution And Not A Subsequent Wife
In Ochse v. Ochse, a mother created a trust that provided that the trustee was authorized to make distributions to her son and the son’s spouse. No. 04-20-00035-CV, 2020 Tex.…
The Attorney Marketing Center
Trust me, I’m a lawyer
By David Ward
If people don’t trust you, they won’t hire you. At first, they may give you the benefit of the doubt, especially if you were referred to them, but that trust…
California Trust, Estate & Probate Litigation
Trust vs. Will: What is the Difference?
By Kayla Wilke
When a person dies, the decedent’s loved ones must deal with the decedent’s property. The first question the decedent’s family members need to ask is: did the decedent have an…
Wills, Trusts & Estates Prof Blog
Article: Legal Consequences of the Flawed Exercise of Scheme Powers
Jessica Hudson and Charles Mitchell recently published an article entitled, Legal Consequences of the Flawed Exercise of Scheme Powers, Wills, Trusts, & Estates Law ejournal (2020). Provided below is the abstract…
Wills, Trusts & Estates Prof Blog
Article: Representing a Trustee
Eric P. Hayes and Frederick D. Royal recently published an article entitled, Representing a Trustee, Wills, Trusts, & Estates law ejournal (2020). Provided below is the abstract to the Article. The…
Elder Law Issues
Trust Reporting Requirements in Arizona
By Robert Fleming, PLC, Fleming, Curti
There are trust reporting requirements for every trustee. Those requirements vary depending on the circumstances, though. Is the trust revocable or irrevocable? Who are the current beneficiaries? What happens to…
The Attorney Marketing Center
3 reasons people avoid estate planning
By David Ward
Even if don’t handle estate planning, you can probably guess the most common reasons people use to avoid going to the dentist, uh, lawyer. Most people believe they need to…
California Trust, Estate & Probate Litigation
What is the Difference Between a Trustee and an Executor?
By Kayla Wilke
Entering the world of Wills, Trusts and probate can be confusing. One of the first questions people often ask is: what is the difference between a Trustee and an Executor?…
Death Care Compliance Law
“Excluded” Cemeteries and Care Fund Distribution Options: Find Your Applicable State Laws
By Bill Stalter
In our prior post, we recommended that the Evergreen Cemetery Association explore the Minnesota trust code provisions regarding the trustee’s power to adjust (501C.1112). This is something other “excluded” cemeteries…
The Fiduciary Litigator
Use Of Equitable Defenses In Breach Of Fiduciary Duty Litigation
A. Introduction It is not uncommon for beneficiaries to sue a trustee for actions that the beneficiaries had knowledge of but where they failed to object to that conduct for…