News & Analysis as of

Fiduciary Duty Conservators

Kohrman Jackson & Krantz LLP

Wendy Williams’ Conservatorship Battle: A Cautionary Tale on Estate Planning

Wendy Williams’ ongoing legal battle over her financial conservatorship has reignited public debate on the complexities of incapacity planning. Although she allegedly executed a power of attorney (POA) in favor of her son,...more

Warner Norcross + Judd

Does a Fiduciary Have a Duty to Always Sell Real Estate to the Highest Bidder?

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A conservator is an individual who manages the finances of an incapacitated individual, and a conservator cannot sell real estate owned by the incapacitated person without prior probate court approval. MCL 700.5423(3)....more

Downey Brand LLP

Assembly Bill 1194 – How Will “Free Britney” Impact California Lawyers and Courts?

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Assembly Bill 1194, approved by Governor Newsom on September 30, 2021, tightens oversight of California conservators, especially those licensed by the Professional Fiduciaries Bureau. The bill expands the duties of...more

Weintraub Tobin

Governor Gavin Newsom Signs Sweeping Conservatorship Reform Bill

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On September 30, 2021, Governor Gavin Newsom signed California AB 1194 amending numerous statutes pertaining to conservatorships. The following are highlights: Internet Posting of Fees of Licensed Professional...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - September & October 2021

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This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Decedent’s New York Residence at Time of Death Does Not Create Jurisdiction in New...more

Downey Brand LLP

Fraud Claims May Reopen Court-Approved Accountings

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Even a court order approving an accounting may not protect a California fiduciary if the accounting is inaccurate. That’s the upshot of Hudson v. Foster (2021) ___ Cal.App.5th ___, a recent California Court of Appeal decision...more

Downey Brand LLP

Zach Young, Second Generation Fiduciary, Helps Families with Transitions

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Zachary Young is a private professional fiduciary with CMY Fiduciary Services in Sacramento. His mother, Carolyn M. Young, began work as a fiduciary in 1986. Zach received his bachelor’s degree in business and communications...more

Weintraub Tobin

Don’t Skimp On The Facts – Failure Of Fiduciaries To Make Full Disclosure Of Matters Set Forth In An Accounting May Be Considered...

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In the recently published case of Hudson v. Foster, 2021 Cal.App. LEXIS 737, the Court of Appeal for the Second Appellate District, Division Five, determined that a former conservatee who discovered that certain transactions...more

Weintraub Tobin

Bringing Down The Hammer – California Appellate Court Upholds $1,000 Per Day Sanction For Failure To Timely File Accounting

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As trusts and estates litigation counsel, we often have matters where a fiduciary, either as a trustee, conservator, personal representative, or agent under a power of attorney, fails to provide financial information when...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - July 2021

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This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. ...more

Downey Brand LLP

Britney Spears and “Marla Grayson” May Propel Tightened Oversight Over California Conservators

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When a California probate court establishes a conservatorship, the conservator is charged with managing the conservatee’s person and/or estate in the conservatee’s best interests. The large majority of professional...more

Rivkin Radler LLP

Conservatorships And Guardianships: They’re Not Just For Pop Icons

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Britney Spears has been making headlines lately, unfortunately not for her music but for her conservatorship. In 2008 Ms. Spears’ father was appointed conservator for her personal and financial decisions. In 2019 a...more

Holland & Hart LLP

In the Matter of Joanne Black

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The third Colorado Court of Appeals opinion relating to the conservatorship of Joanne Black was issued recently. The opinion addresses an issue of first impression in Colorado involving jurisdiction over a foreign trust...more

Downey Brand LLP

The Uncertain Role of Court Appointed Counsel in California Conservatorship Cases

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A conservatorship, once ordered by a Superior Court judge in California, deprives a person of the right to control his or her financial affairs or person, or both. When the judge appoints counsel for the proposed conservatee,...more

Downey Brand LLP

California Courts May Scrutinize Conservator Fees

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Private professional fiduciaries in California are entitled to charge a reasonable fee for their services, but their fees for acting as conservators are subject to close court scrutiny. A recent California Court of Appeal...more

Snell & Wilmer

New Law Deals With Digital Assets After Death

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In an article earlier this year we noted that at a large number of states had introduced legislation to address an emerging issue that is unique to our Information Age: how will our digital assets be accessed and used (or...more

Lathrop GPM

Missouri Bank Hit for Punitive Damages & Found Liable for Fiduciary’s Misappropriation of Funds

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In Delarosa v. Farmer's State Bank, the Missouri Court of Appeals, W.D., expounded upon the duty imposed upon Missouri Banks under § 469.270 of the Missouri's Uniform Fiduciaries Law ("UFL"). Specifically, the court addressed...more

Chambliss, Bahner & Stophel, P.C.

Accounting Is Not Only Important - It's Mandatory

Imagine how you would feel if you walked into your bank, asked for a summary of your account activity and the bank told you that it had no idea how much money was in your account or how it had been spent. Of course, this...more

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