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Trusts Duty of Loyalty Trustees

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

Trustee’s Duty To Defend Trust Property From Third-Party Claims Versus Trustee’s Duty To Defend Trust’s Very Existence, As Well...

A longstanding and critical incident of a trustee’s fiduciary duty of loyalty is the duty to vigorously defend the trust’s very existence, as well as all its material provisions (hereinafter “existence defense”), unless it...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

[Webinar] Financial Services - Litigating Self-Interested Transactions By Trustees - March 1st, 10:00 am - 11:00 am CT

Winstead PC on

This presentation will address the various issues that arise when a trustee enters into a self-interested transaction with the trust. Among other issues, it will address the duty of loyalty, the presumption of unfairness,...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

Winstead PC

Trustee Compensation in Texas - Presentation

Winstead PC on

Areas of Discussion: - In this Presentation, we will discuss the following: - Duty of loyalty; - Authority for trustee compensation; - Factors for reasonable compensation; - Other issues arising from 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

Winstead PC

[Webinar] Financial Services Webinar - Trustee Quandary: Criminal Acts By Beneficiaries With Or On Trust Property - June 25th,...

Winstead PC on

With rising drug abuse issues, it is not uncommon for a beneficiary of a trust to commit criminal activities on or with trust property. This webinar will provide suggestions for trustees in this situation and address several...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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