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Fiduciary Duty Personal Property

Mandelbaum Barrett PC

First Steps for Executors: What to Do When a Loved One Passes

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When a loved one passes away, the emotional toll of the loss can be compounded by the sudden responsibility of managing the deceased person’s estate—especially if you’ve been named as the executor under a Last Will and...more

Charles E. Rounds, Jr. - Suffolk University...

Parsing the Uniform Trust Code in Isolation Without Regard to the Uniform Probate Code and the Uniform Powers of Appointment Act...

Intro. The Uniform Trust Code (UTC) is a mere aggregation of tweaks to the corner of equity jurisprudence that long ago gave birth to and currently stewards the trust relationship, hereinafter “the background trust law.”...more

Charles E. Rounds, Jr. - Suffolk University...

Due to scrivener negligence, the dispositive provisions of a trust fail to reflect the deceased settlor’s wishes: Can it be that...

Assume the deceased settlor of a trust had intended that his niece be included in the beneficiary class, but his estate-planning attorney had negligently made no provision for her in the governing instrument. After settlor’s...more

Winstead PC

Court Discusses Holding An Executor In Contempt For Commingling Property

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In In re Mittelsted, a trial court held a former executor in contempt for over twenty acts of commingling personal property with estate property and ordered that the executor pay over $200,000 to avoid contempt. No....more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – December 2019

Goulston & Storrs PC on

The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. Goulston & Storrs is the...more

Downs Rachlin Martin PLLC

Vermont Supreme Court Reverses Decision Regarding Niece Found Liable To Competent Uncle's Estate

Taylor Glaze thought she was doing a good thing when she took her 91-year-old Uncle Emil Kuhling into her Vermont home when he found caring for himself and his deteriorating New York City home too much to handle. ...more

Benesch

Perspectives - September/October 2015

Benesch on

In a decision in which no opinion commanded a majority, the Ohio Supreme Court sided with a private entity — a charter school operator — in a dispute over the ownership of personal property purchased by the operator with...more

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