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Trustees Estate Planning Duty of Loyalty

Winstead PC

Presentation: Issues Involving the Attorney-Client Privilege and Trustees in Texas

Winstead PC on

The law of trusts originated in equity to evade the constraints of common law; it was a part of property law in which one person held legal title to assets and another held equitable title. The person holding legal title...more

Warner Norcross + Judd

Trusts 101: What is a Trust and How is it Created?

Warner Norcross + Judd on

Trusts are valuable tools frequently used to transfer wealth within families, preserve and protect wealth, and reduce taxes. Despite their common use, many people have only a limited understanding of what a trust is or how...more

Cole Schotz

Named As A Trustee And Wondering What To Do? Here Is A Checklist Of Duties To Get You Started

Cole Schotz on

Maybe a friend or a relative has recently passed away and you just received a communication informing you that you have been named as a trustee. You have no idea what this role entails, and you feel overwhelmed having no...more

Winstead PC

Presentation: Trustee Quandary – Criminal Activity by a Beneficiary With or On Trust Property

Winstead PC on

David F. Johnson presented his paper “Trustee Quandary: Criminal Activity By a Beneficiary With or On Trust Property,” to the Tarrant County Probate Bar Association on March 5, 2020. The presentation dealt with a trustee...more

Downey Brand LLP

California Trustee Must Be Careful in Seeking Release from Beneficiary

Downey Brand LLP on

Can a California trustee require a beneficiary to sign a release in order to get a distribution from a trust? A question like this appeared recently on the AVVO “Free Q&A” page and makes for a perfect blog topic....more

Faegre Drinker Biddle & Reath LLP

Helping Trustees Avoid Liability — The Duty of Loyalty

The most important duty a trustee has is that of loyalty. The courts are particularly sensitive to this duty, and for good reason—the trust was created for the benefit of the beneficiaries. The duty of loyalty requires that a...more

Lathrop GPM

Top 10 Tips for the Professional Fiduciary to Avoid Litigation

Lathrop GPM on

Communication is Key. This may seem obvious, but good communication can go a long way in preventing a dispute. This includes timely responding to emails and voice messages...more

Holland & Hart LLP

Avoiding Fiduciary Conflicts of Interest

Holland & Hart LLP on

It is very difficult for a trustee to have conflicts of interest without breaching the duty of loyalty. We typically think of trustee conflicts as they relate to self-dealing by the trustee, which is almost always a problem...more

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