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Trustee Removal

41 published works

  1. Wills, Trusts & Estates Prof Blog

    Leonard Cohen’s kids in battle over ‘Hallelujah’ singer’s $48M estate

    By Gerry W. Beyer

    Leonard Cohen’s children, Lorca Cohen, and Adam Cohen have been battling in Los Angeles Superior Court for the past year to remove Robert Kory as trustee of the Leonard Cohen…

  2. Trust on Trial

    And the Rocket’s Red Glare – Trustee Removal Petitions May Be Costly to Those Who Launch Them

    By Jeffrey S. Galvin

    Trustee removal petitions, like Centennial Fountains, are one of the more common fireworks in California trust litigation.  We’ve explored how such petitions are litigated in prior post and a podcast.…

  3. Trust on Trial

    “California Trustee Removal Litigation and Mediation” Podcast

    By Jeffrey S. Galvin

    California trust disputes often involve allegations that trustees should be removed and suspended because they are acting improperly or have conflicts of interest. Attorney Denise Chambliss, author of an informative…

  4. California Trust, Estate & Probate Litigation

    How to Replace a Trustee

    By Kayla Wilke

    How do you replace a Trustee? The answer depends on the language in your Trust document. Most trusts have a specific section that outlines the procedure in which a Trustee…

  5. Rubin On Tax

    Court Retains Ability to Remove Trustee Regardless of the Terms of the Trust [Florida]

    By Charles Chuck Rubin

    An irrevocable trust included provisions for the removal of a trustee by reason of the trustee's disability. A beneficiary brought an action to remove the trustee, but not based on…

  6. The Fiduciary Litigator

    Court Affirmed A Trial Court’s Holdings On The Removal Of A Trustee, The Trustee’s Discretion To Construe A Trust, A Trustee’s Advice Of Counsel And In Terrorem Defenses, And The Termination Of A Trust 

    By David Fowler Johnson

    In re Estate of Bryant, a couple set up three trusts for their three children, Bill, Leslie, and Jane. No. 07-18-00429-CV, 2020 Tex. App. LEXIS 2131 (Tex. App.—Amarillo March 11,…

  7. The Fiduciary Litigator

    Court Reversed A Summary Judgment For Trustee And Found That A Contingent Remainder Beneficiary Had Standing And Potentially Had A Removal Claim

    By David Fowler Johnson

    In In the Interest of K.K.W., an ex-wife sued an ex-husband and the trustee of a trust that they created for breaches of fiduciary duty and sought to remove the…

  8. The Fiduciary Litigator

    Court Reversed Order Removing Trustee Where Trustee Did Not Receive Notice Of The Hearing

    By David Fowler Johnson

    In In re Estate of Moore, the court of appeals addressed the proper procedure for removing an acting trustee and appointing a successor trustee. No. 08-14-00298-CV, 2018 Tex. App. LEXIS…

  9. The Fiduciary Litigator

    Court Held That Estate Beneficiary Did Not Have Standing To Assert Forfeiture Or Breach Claim Against Executrix’s Attorneys, That An Executrix Had No Authority To Pay Her Attorney’s Fees From The Estate In The Interim In Defending A Removal Action, And That The Trial Court Erred In Refusing A Motion To Compel Distribution Of The Estate

    By David Fowler Johnson

    In re Nunu, an estate beneficiary sued the executrix to have her removed due to alleged breaches of fiduciary duty and also sought to have the court refuse to pay…

  10. Estate of Conflict

    Pennsylvania Supreme Court Rules Trust Beneficiaries Must Get Court Approval to Remove Trustee

    By ssteinig