Irrevocable trusts stay “irrevocable” only as long as everyone with a stake
Continue Reading Has all of Florida’s common law for modifying or terminating irrevocable trusts been replaced by statute?
What’s a “qualified beneficiary” and why should trustees care?
Under Florida’s Trust Code there are two classes of beneficiaries, and which
Continue Reading What’s a “qualified beneficiary” and why should trustees care?
Trust protectors; they’re like trustees, but not quite. So can they get sued?
It used to be so simple. Back in the day trust lawyers
Continue Reading Trust protectors; they’re like trustees, but not quite. So can they get sued?
Changing trustees can be contentious, but there are ways for beneficiaries to ease the process.
As a family trust moves into its second or third generation, it’s
Continue Reading Changing trustees can be contentious, but there are ways for beneficiaries to ease the process.
What litigators can learn from the OCC’s “Comptroller’s Handbook for Fiduciary Activities”
The fiduciary duty of care sets the minimum level of diligence and
Continue Reading What litigators can learn from the OCC’s “Comptroller’s Handbook for Fiduciary Activities”
Are trustees entitled to due process prior to being removed?
It says it right in the trust code: trust litigation must be
Continue Reading Are trustees entitled to due process prior to being removed?
McGuireWoods: Recent Cases of Interest to Fiduciaries
The fiduciary litigation group at McGuireWoods LLP in Richmond, Virginia recently published its latest national
Continue Reading McGuireWoods: Recent Cases of Interest to Fiduciaries
US SCT: Supreme Court rules that general stock picking advice is subject to 2 percent-of-AGI floor but specialized fiduciary advice is fully deductible
Bank’s Opening of Safe-Deposit Box Leads to Trial on Missing Cash Claim
Opening safe-deposit boxes is a part of most probate administrations. Banks are
Continue Reading Bank’s Opening of Safe-Deposit Box Leads to Trial on Missing Cash Claim
Bancroft Trusts’ Lawyers Hold Key to Dow Jones
I can’t imagine a more extreme example of trustee decision making under
Continue Reading Bancroft Trusts’ Lawyers Hold Key to Dow Jones