Topic
Trust
1,086 published works
The Faculty Lounge
Gordon on Trustees as Judges
My co-author Deborah Gordon has a new article up on ssrn, "Trusting Trust." Cribbing now from her abstract: What is a trustee and how should we understand her duties? The…
Wills, Trusts & Estates Prof Blog
Article on the Institution of the Trust in Ireland
Oonagh B. Breen (University of California, Davis) recently published an article entitled, National Perspectives: The Institution of the Trust in Ireland, UCD Working Papers in Law, Criminology & Socio-Legal Studies…
Elder Law Prof Blog
ABA Webinars on Domestc Asset Protection Trust Planning
Yesterday I wrote about the Utah Supreme Court decision rejecting application of Nevada law to determine the nature of an asset protection trust. Would the same result occur if the…
Elder Law Prof Blog
Utah Supreme Court Rejects Attempt to Specify Nevada Law as Controlling “Irrevocable” Trust
In Dahl v. Dahl, the Utah Supreme Court was asked to examine the effect of a choice-of-law clause in a trust that purported to be "irrevocable." The clause provided:"Governing Law. The…
Wills, Trusts & Estates Prof Blog
Drafting a Trust Amidst Divorce
While marriage can be wonderful, it can also be difficult. Unfortunately, some couples encounter hurdles in their relationship from which they may never recover. Regardless as to whether the split is…
Wills, Trusts & Estates Prof Blog
Trustee’s Control of Entity Held in Trust Relevant to Removal Proceeding
A beneficiary brought an action seeking removal of his mother as the personal representative of his father’s estate and as co-trustee with his brother, of his father’s testamentary trust. In In…
Wills, Trusts & Estates Prof Blog
Minassian v. Rachins: Appointment and Actions of Trust Protector Found Proper
In a recent Florida breach of fiduciary duty against a trustee, the settlor’s revocable trust continued after his death for the benefit of his widow, who was sole trustee and…
Wills, Trusts & Estates Prof Blog
Simple Will Versus Living Trust
Oftentimes clients discover that they would prefer to plan their estate using a living trust rather than a simple will. Although a living trust usually costs more to create than a…
Wills, Trusts & Estates Prof Blog
Transparency and Your Estate Plan
When it comes to discussing estate planning with adult children, many experts believe transparency is the best approach. Yet, what “transparency” actually means will differ according to the client and…
Wills, Trusts & Estates Prof Blog
Tom Benson: Treated Unfairly?
On February 9, Bear County Probate Judge Tom Rickoff ordered that two receivers take control of Tom Benson’s Texas-based fortune—a move that has not occurred more than a dozen or…