Georgia and Kentucky Allow Donor Standing for Endowment Violations -
On April 9, 2024, Kentucky’s governor signed Senate Bill 70, which will take effect on July 15, 2024, and will amend Kentucky’s version of the Uniform...more
Earlier this month, a Missouri state court allowed Webster University to reclassify various donor-restricted endowment funds as unrestricted endowment funds so the funds could be held as collateral to help Webster meet a 75%...more
In Jarboe v. Moore, two LLC members sued each other for alleged breaches of fiduciary duties and fraud. The members tried their cases to a judge, who denied relief to both sides. The Indiana Court of Appeals affirmed and...more
Kansas Allows Donor Standing Under UPMIFA -
Kansas’ Donor Intent Protection Act took effect this summer on July 1, 2023, amending Kansas’ version of the Uniform Prudent Management of Institutional Funds Act (UPMIFA,...more
On July 13, 2023, the New Hampshire Supreme Court (the Supreme Court) unanimously affirmed the denial of a third-party motion to intervene in proceedings brought under the Uniform Prudent Management of Institutional Funds Act...more
In City Pension Fund for Firefighters and Police Officers in the City of Miami v. The Trade Desk, Inc., et al., the Delaware Court of Chancery dismissed the plaintiff’s challenge to a transaction that extended the controlling...more
The Ohio House of Representatives’ Higher Education Committee recently rejected proposed language in Senate Bill 135 that would have amended Ohio’s version of the Uniform Prudent Management of Institutional Funds Act...more
On March 31, 2022, the Colorado Court of Appeals, in a 3–0 decision, held that only the Colorado attorney general or a person with a special interest may sue an institution for mismanagement of fund investments under the...more
Recently, the Indiana Court of Appeals decided the case of Wilson v. Wilson. The case involved the last will and testament (“Will”) of decedent Terrel Wilson, Sr. (“Terrel Sr.”), which purported to create a trust....more
Recently, the Indiana Court of Appeals decided the case of Bergal v. Bergal. The case involved a man, Milton Bergal, who had four adult children from a previous marriage. Milton married Linda in 2009, and that same year he...more
Background -
Recently, the Indiana Court of Appeals decided the case of Trowbridge v. Estate of Trowbridge. The case involved a man, Everett, who, despite their divorce, remained on good terms with his ex-wife, Christal....more
Earlier this week, the Indiana Court of Appeals affirmed judgment in favor of daughters who contested their father’s last will and testament on the basis that he lacked testamentary capacity and was unduly influenced by his...more
The Indiana Court of Appeals recently decided the case of In re Matter of the Revocable Trust Agreement Created by the Settlor, Anil Kumar Sarkar. The case involved a husband, Anil, and wife, Dipa, both medical doctors and...more
Background -
Recently, the Indiana Court of Appeals decided the case of Murphy, et al. v. Trustee of Star Financial Bank, et al. The case involved a woman named Janice who had executed a revocable living trust in 1990. ...more
After a trial court approved a guardian’s intermittent accounting without notice or a hearing, the Indiana Court of Appeals reversed, ordered a new hearing and vacated an attorneys’ fee award....more
When a will contest was filed in the wrong court, the trial court dismissed it with prejudice for failure to state a claim. However, the Indiana Court of Appeals reversed and reinstated the complaint, reasoning that it would...more
Earlier this month, the Indiana Court of Appeals decided In Re: The Scott David Hurwich 1986 Irrevocable Trust. The case – which involved three siblings, Scott, Jeff and Stacey – arose after Scott and Jeff began to question...more
When more than $250,000 was missing from a final trust and estate accounting, a beneficiary objected. But the trial court approved the accounting and closed the estate. A unanimous panel of the Indiana Court of Appeals...more
After a tragic car accident killed young parents, a race to the courthouse ensued. Various family members petitioned different courts for appointment as special administrator to pursue a wrongful death claim, and each was...more
On June 19, the Indiana Supreme Court decided In the Matter of the Supervised Estate of Kent v. Kerr, rejecting a pre-mortem settlement agreement the Court of Appeals had unanimously validated last year. Aging Hoosiers often...more
After working for years to become more independent, Richmond native Jamie Beck has made Indiana history in how she successfully terminated the letters of guardianship over her. Indiana Disability Rights (IDR) recently...more
On April 25, 2018, the Department of Justice announced a new initiative to terminate over 1,000 open antitrust consent decrees. Modern antitrust consent decrees typically have a “sunset” provision in which an open judgment...more