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By Emily Cousins | November 9, 2023
"Because the trial court incorrectly concluded that the defendant had no duty to protect and collect potential trust assets, such as the undistributed residuary assets at issue in this case, the court did not consider whether the plaintiffs adduced sufficient evidence to survive summary judgment on the issue of the defendant's alleged breach of her fiduciary duty," the opinion said. "Our review of the record reveals that genuine issues of material fact exist with respect to the allegations of the defendant's breach of fiduciary duty in the present case."
4 minute read
By David I. Faust | November 7, 2023
Although international borders are becoming blurred where people, money and commerce move across the world with ease and dual citizenship is commonplace, there are still at least two areas where the lines on maps remain clear: taxes and succession. The more peoples' personal and business lives become globalized, the more important it is for them to be aware of both tax and succession consequences. This article will deal with succession; a subsequent article will deal with taxes.
8 minute read
By Alexander Lugo | November 3, 2023
"The attorneys who are going to join us are the attorneys who want to bet on themselves. They know what they are worth, and they want to be able to have agency over their time and over the type of work that they deliver to their clients," said Concepción Global partner Christine Concepción.
3 minute read
By C. Raymond Radigan and Margaret B. Rahner | November 3, 2023
More often than not, it is the fiduciary that is looking for the court to tell them what to do or otherwise agree with what they want to do. In this article, C. Raymond Radigan and Margaret B. Rahner highlight the ambiguity in intent and uncertainty in the direction for the fiduciary to follow.
6 minute read
By Lisa Willis | October 31, 2023
Two attorneys were disbarred, one had the license revoked, and four were suspended.
5 minute read
By Riley Brennan | October 30, 2023
"The proceeds of such lawsuits are akin to trust funds held for the statutory beneficiaries. Nothing in the will and trust statutes prohibits the transfer of expected proceeds into a trust," said Justice Yvonne Kauger. "Prohibiting such a transfer would be counterintuitive to the nature of an estate trust, and our prior treatment of wrongful death proceeds."
5 minute read
By Conrad Teitell | October 20, 2023
This article discusses a case in which an alumnus made a $1.8-million gift to Dartmouth College to upgrade and maintain its golf course. However, Dartmouth subsequently closed the course and sought to repurpose the donor's gift.
4 minute read
By Ilene Sherwyn Cooper | October 1, 2023
As we enter the final months of 2023, Ilene Sherwyn Cooper considers some of the interesting decisions affecting trusts and estates that rounded out the summer season.
7 minute read
By Adolfo Pesquera | September 27, 2023
The city's unilateral amendment ... would disenfranchise Dallas voters in contravention of state law, and deprive ERF members of their right to bilateral administration of the ERF trust—one of the pensioner's most sensitive and valuable rights, Locke Lord attorney Thomas Loose said.
3 minute read
By Emily Cousins | September 25, 2023
The court was not fully in agreement, as Justice Gregory T. D'Auria dissented, arguing "no state interest justifies voiding previously valid in terrorem clauses on the ground of public policy" in this case.
4 minute read
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