Alex C.H. Yeung and Jason Fee: Limiting the Fiduciary’s Account of Profits: But-for Causation? (October 14, 2020)

Alex C.H. Yeung and Jason Fee, of University of Oxford - Harris Manchester College and University of Oxford - Merton College, respectively, will make available for download their article, Limiting the Fiduciary's Account of Profits: But-for Causation?, in 26 Trusts & Trustees (Forthcoming). The abstract is as followed: In an account of profits for breach of fiduciary duty, courts have understandably … Continue reading Alex C.H. Yeung and Jason Fee: Limiting the Fiduciary’s Account of Profits: But-for Causation? (October 14, 2020)

Texas Fiduciary Litigator: Court Holds That Bank Did Not Owe Fiduciary Duties To Depositor/Consumer (January 18, 2021)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses Denson v. JPMorgan Chase Bank. In Denson v. JPMorgan Chase Bank, N.A., Sandra Denson went to her bank to deposit $730 when a $50 bill became temporarily stuck in the cash counting machine, causing the teller to miscount the amount of the deposit as $680. No. 01-19-00107-CV, 2020 Tex. … Continue reading Texas Fiduciary Litigator: Court Holds That Bank Did Not Owe Fiduciary Duties To Depositor/Consumer (January 18, 2021)

Rubin on Probate Legislation: Demircan v. Mikhaylov (September 25, 2020)

The Rubin on Probate Legislation blog discusses Demircan v. Mikhaylov, --- So. 3d -- (Fla. 3d DCA 2020). This Third DCA case addresses several elements of Florida trust law, with a focus on the ability to modify an irrevocable trust under the Florida common law. It involved an irrevocable trust established by the settlor for the … Continue reading Rubin on Probate Legislation: Demircan v. Mikhaylov (September 25, 2020)

Florida Probate & Trust Litigation Blog: Can you limit a court’s ability to remove a trustee to the same standard as incapacity in guardianship proceedings? (October 10, 2020)

Juan C. Antúnez, in his Florida Probate & Trust Litigation Blog, discusses the implications of default and mandatory rules as listed in the Florida Trust Code. His article begins as follows: Florida’s Trust Code consists overwhelmingly of default rules that settlors are free to opt out of or modify anytime. There are, however, a core set of rules listed in F.S. … Continue reading Florida Probate & Trust Litigation Blog: Can you limit a court’s ability to remove a trustee to the same standard as incapacity in guardianship proceedings? (October 10, 2020)

David Horton and Reid K. Weisbord: Inheritance Crimes (September 4, 2020)

David Horton and Reid K. Weisbord, of the University of California, Davis - School of Law and Rutgers Law School, have made available for download their article, "Inheritance Crimes," published in the Washington Law Review, Forthcoming. The abstract is as followed: The civil justice system has struggled to resolve disputes over end-of-life transfers. The two most common grounds for challenging the … Continue reading David Horton and Reid K. Weisbord: Inheritance Crimes (September 4, 2020)

Texas Fiduciary Litigator: Presentation – Preparing the Charge, the Charge Conference, and Protecting the Record (September 11, 2020)

David F. Johnson, in his Texas Fiduciary Litigator Blog, discusses the Texas Supreme Court’s Texas Department of Highways v. Payne. David F. Johnson presented his paper entitled “Preparing the Charge, The Charge Conference, and Protecting the Charge,” to the State Bar of Texas’s Advanced Civil Appellate Course on September 9, 2020. The presentation covered the history … Continue reading Texas Fiduciary Litigator: Presentation – Preparing the Charge, the Charge Conference, and Protecting the Record (September 11, 2020)

Max M. Schanzenbach and Robert H. Sitkoff: ESG Investing: Theory, Evidence, and Fiduciary Principles (October 1, 2020)

Max M. Schanzenbach and Robert H. Sitkoff, of Northwestern University - Pritzker School of Law and Harvard Law School, have made available for download their article, "ESG Investing: Theory, Evidence, and Fiduciary Principles," published in the Journal of Financial Planning. The abstract is as followed: Trustees and other investment fiduciaries of pensions, charities, and personal trusts, and those who advise them, … Continue reading Max M. Schanzenbach and Robert H. Sitkoff: ESG Investing: Theory, Evidence, and Fiduciary Principles (October 1, 2020)

Marius Załucki: Preparation of Wills in Times of COVID-19 Pandemic — Selected Observations (September 12, 2020)

Marius Załucki, of the Andrzej Frycz Modrzewski Kracow University, has made available for download his article, "Preparation of Wills in Times of COVID-19 Pandemic – Selected Observations," published in the 2020 Journal of Modern Science, vol. 4, issue 2. The abstract is as followed: Pandemic time is a situation of increased human deaths, which cannot be left without the influence … Continue reading Marius Załucki: Preparation of Wills in Times of COVID-19 Pandemic — Selected Observations (September 12, 2020)

Jeffrey Galvin (Downey Brand LLP): Daughter Liable for Interfering with Stepmother’s Inheritance

Jeffrey Galvin, of Downey Brand LLP, discusses Gomez v. Smith (2020) ___ Cal.App.5th ___, published in JD Supra. The summary is as follows: Intentional interference with expected inheritance (IIEI) was recognized as a legal claim in California about eight years ago in Beckwith v. Dahl (2012) 205 Cal.App.4th 1039.  Last week, the Court of Appeal issued the first … Continue reading Jeffrey Galvin (Downey Brand LLP): Daughter Liable for Interfering with Stepmother’s Inheritance

Texas Fiduciary Litigator: Receiverships in Trust and Estate Litigation in Texas (September 13, 2020)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses the Texas Civil Practice and Remedies Code Chapter 64 and the Texas Property Code Section 114.008. A plaintiff in a trust or estate dispute often needs to seek a remedy before trial to protect it from immediate injury, to protect the assets made the basis … Continue reading Texas Fiduciary Litigator: Receiverships in Trust and Estate Litigation in Texas (September 13, 2020)

Texas Fiduciary Litigator, Presentation: Preparing the Charge, the Charge Conference, and Protecting the Record (September 11, 2020)

Winstead Publications, in their Texas Fiduciary Litigator Blog, discusses Texas Department of Highways v. Payne David F. Johnson presented his paper entitled “Preparing the Charge, The Charge Conference, and Protecting the Charge,” to the State Bar of Texas’s Advanced Civil Appellate Course on September 9, 2020. The presentation covered the history of Texas charge practice regarding the use of broad … Continue reading Texas Fiduciary Litigator, Presentation: Preparing the Charge, the Charge Conference, and Protecting the Record (September 11, 2020)

Florida Probate & Trust Litigation Blog: What’s the right way and the wrong way to deed property OUT of your revocable trust? (August 23, 2020)

Juan C. Antúnez, in his Florida Probate & Trust Litigation Blog, discusses what is the right way and the wrong way to deed property OUT of your revocable trust. His article begins as follows: Deeding property “into” and “out” of trusts is the kind of bread and butter work trusts and estates lawyers do all the time. But … Continue reading Florida Probate & Trust Litigation Blog: What’s the right way and the wrong way to deed property OUT of your revocable trust? (August 23, 2020)

McGuire Woods: Recent Cases of Interest to Fiduciaries (Sept. 2, 2020).

In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following: In the Matter of the William J. Raggio Family Trust, 460 P.3d 969 (Nev. April 9, 2020). Nevada Supreme Court found that the settlor’s surviving spouse, as trustee, … Continue reading McGuire Woods: Recent Cases of Interest to Fiduciaries (Sept. 2, 2020).

Texas Fiduciary Litigator: Court Reversed Breach Of Fiduciary Duty Judgment Due To A Lack Of Damages (August 23, 2020)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses In the Interest of M.G.G In In the Interest of M.G.G., an ex-husband was made a constructive trustee of stocks that he held in his retirement account for his ex-wife. No. 05-19-00777-CV, 2020 Tex. App. LEXIS 6291 (Tex. App.—Dallas August 10, 2020, no pet. history). The divorce order … Continue reading Texas Fiduciary Litigator: Court Reversed Breach Of Fiduciary Duty Judgment Due To A Lack Of Damages (August 23, 2020)

Texas Fiduciary Litigator: Court Granted Mandamus Relief To Reverse A Probate Court’s Order Transferring A Case To A District Court (August 23, 2020)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses In re McCown. In In re McCown, a county court had a contested probate matter, and a party filed a motion to assign a statutory probate judge and another party filed a motion to transfer the case to a district court. No. 10-20-00128-CV, 2020 Tex. App. LEXIS 6276 … Continue reading Texas Fiduciary Litigator: Court Granted Mandamus Relief To Reverse A Probate Court’s Order Transferring A Case To A District Court (August 23, 2020)

Texas Fiduciary Litigator: A Rose By Any Other Name Would Not Smell As Sweet: Court Holds That Texas Does Not Have An Aiding And Abetting Breach Of Fiduciary Duty Claim (August 13, 2020)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses Hampton v. Equity Trust Co. In Hampton v. Equity Trust Co., an individual sold fraudulent investments to the plaintiff. No. 03-19-00401-CV, 2020 Tex. App. LEXIS 5674 (Tex. App.—Austin July 23, 2020, no pet.). The individual ran a Ponzi scheme and had recommended that the plaintiff open a retirement account … Continue reading Texas Fiduciary Litigator: A Rose By Any Other Name Would Not Smell As Sweet: Court Holds That Texas Does Not Have An Aiding And Abetting Breach Of Fiduciary Duty Claim (August 13, 2020)

Texas Fiduciary Litigator: Court Held That Manager Owed Limited Liability Company Fiduciary Duties And That A Derivative Action Could Still Be Pursued After The Company Dissolved (August 13, 2020)

David Fowler Johnson , in his Texas Fiduciary Litigator Blog, discusses Katz v. Intel Pharma. In Katz v. Intel Pharma, LLC, a minority member of a limited liability company sued a former manager for breach of fiduciary duty in a derivative action. No. H-18-1347, 2020 U.S. Dist. LEXIS 120389 (S.D. Tex. July 9, 2020). The defendant filed a motion … Continue reading Texas Fiduciary Litigator: Court Held That Manager Owed Limited Liability Company Fiduciary Duties And That A Derivative Action Could Still Be Pursued After The Company Dissolved (August 13, 2020)

Ethan J. Leib and Andrew Kent: Fiduciary Law and the Law of Public Office: Suggestions for a Research Agenda (July 17, 2020)

Ethan J. Leib and Andrew Kent, of Fordham University School of Law, have made available for download their article, Fiduciary Law and the Law of Public Office: Suggestions for a Research Agenda, published in William & Mary Law Review, Forthcoming and Fordham Law Legal Studies Research Paper No. 3654506. The abstract is as followed: A … Continue reading Ethan J. Leib and Andrew Kent: Fiduciary Law and the Law of Public Office: Suggestions for a Research Agenda (July 17, 2020)

Texas Fiduciary Litigator: Co-Trustees Can Sue To Remove A Co-Trustee Due To Hostility (July 25, 2020)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses Ramirez v. Rodriguez. In Ramirez v. Rodriguez, three co-trustees sued a fourth trustee to have him removed due to his hostile actions: he "has engaged in a pattern of creating hostility and friction that impedes and/or affects the operations of the trust.” No. 04-19-00618-CV, 2020 Tex. App. LEXIS 1340 … Continue reading Texas Fiduciary Litigator: Co-Trustees Can Sue To Remove A Co-Trustee Due To Hostility (July 25, 2020)

Adam J. Hirsch, Waking the Dead: An Empirical Analysis of Revival of Wills (June 5, 2020)

Adam J. Hirsch, of University of San Diego, has made available for download his article, Waking the Dead: An Empirical Analysis of Revival of Wills, published in the UC Davis Law Review, Vol. 53, No. 5, 2020 and San Diego Legal Studies Paper No. 20-462. The abstract is as followed: The problem of revival arises … Continue reading Adam J. Hirsch, Waking the Dead: An Empirical Analysis of Revival of Wills (June 5, 2020)