There is not much to this post, primarily because the articles referenced below already thoroughly discuss the issues. Specifically, both articles shed light upon two common problem areas which can often eventually erupt into estate, trust and probate disputes. The first article is from the New York Times and addresses the effect of Alzheimer’s Disease and dementia upon an individual’s ability [...]
Archive for the ‘Duties of executors’ Category
Recent Articles On Alzheimer’s Disease, And Trustee/Beneficiary Relationships
Posted in Breach of fiduciary duties, Duties of executors, Duties of trustees, In the news, Interpretation of wills/trusts, Prudent investor rule, Rights of beneficiaries, Suitability of investments, tagged Alzheimer's Disease, beneficiaries, beneficiary, dementia, estate litigation, executor, New York Times, probate litigation, trust litigation, trustee, Wall Street Journal on November 6, 2010 |
Stealing From Grandma And Grandpa—Inheritance Theft
Posted in Breach of fiduciary duties, Duties of executors, Duties of trustees, Misappropriation of assets, Powers of attorney, Rights of beneficiaries, Self-dealing, tagged accountant, attorney, Bob Sullivan, elder abuse, elder financial abuse, Elder Justice Act, elder law attorney, elder theft, financial abuse, financial exploitation, Huguette Clark, power of attorney, undue influence on August 28, 2010 |
A recent lengthy but interesting series of stories (Part I and Part II) on the odd heiress, Huguette Clark, appeared to prompt a good article yesterday from Bob Sullivan, who covers Internet scams and consumer fraud for msnbc.com. Mr. Sullivan’s posting focuses upon allegations and situations involving elder financial abuse, which is a significant portion of my own law practice. I suggest that you read the [...]
Inheritance Hijackers: Who Wants To Steal Your Inheritance And How To Protect It
Posted in Breach of fiduciary duties, Duties of executors, Duties of trustees, Misappropriation of assets, Rights of beneficiaries, Self-dealing, Will contests, tagged assets, beneficiary, fiduciary, inheritance, Inheritance Hijackers, inheritance theft, litigation, Protect Your Estate, Robert Adamski, trust, victim on August 6, 2010 | 1 Comment »
At the recommendation of a client, I have recently started reading a fascinating book entitled Inheritance Hijackers: Who Wants To Steal Your Inheritance And How To Protect It (Ovation Books 2009) written by a Florida attorney named Robert C. Adamski. The book is primarily written for beneficiaries and potential beneficiaries of an inheritance. Mr. Adamski’s book sets forth an extensive [...]
Update On Gary Coleman Estate Dispute
Posted in Duties of executors, In the news, Misappropriation of assets, Will contests, tagged Dana Plato, Diff'rent Strokes, Gary Coleman, misappropriation, Todd Bridges, trust fund on June 30, 2010 |
As a child of the 1980′s, I grew up watching Diff’rent Strokes like most people my age. A white, middle-class kid growing up in Oklahoma, I did not have much in common with two African-American orphaned children from Harlem taken in by a rich Park Avenue businessman, but the show constantly had me laughing, especially when Gary Coleman [...]
Federal Appeals Court Rules Against Estate Of Pinup Anna Nicole Smith, “Widow” Of Elderly Texas Billionaire
Posted in Duties of executors, In the news, Interpretation of wills/trusts, Rights of beneficiaries, Will contests, tagged Anna Nicole Smith, Ninth Circuit Court of Appeals, probate court, will contest on March 21, 2010 |
One of the longest-running estate and trust battles on record added another chapter with the Ninth Circuit Court of Appeals’ recent ruling in the saga involving Anna Nicole Smith, now deceased, and her estate’s attempt to claim a chunk of her former husband’s billion-dollar fortune. Specifically, Anna Nicole, stripper-turned-Playboy model-turned-pop-celebrity, married elderly oil magnate J. Howard Marshall in [...]
UPDATED: Dispute Erupts Over Wealth Of Deceased Billionaire Shopping Mall Developer
Posted in Duties of executors, In the news, Interpretation of wills/trusts, Misappropriation of assets, Rights of beneficiaries, Will contests, tagged Baby Boomer, Bren Simon, Central Arkansas, Melvin Simon, Park Plaza Mall, Parkinson's, shopping mall, Simon Property Group, trust, University Mall, Wall Street Journal, wealth war, will on January 29, 2010 |
Pretty much anyone who has lived in Central Arkansas over the last few decades has been aware of if not actually visited University Mall in Little Rock’s midtown area. While it used to be the hot spot for shopping many moons ago, in more recent years it became better known for its empty stores and the litigation that resulted from disputes [...]
Removal Of A Trustee Under Arkansas Law
Posted in Accounting actions, Breach of fiduciary duties, Duties of executors, Duties of trustees, Self-dealing, tagged Arkansas Trust Code, beneficiary, breach of trust, executor, personal representative, removal on January 25, 2010 |
My previous blog post generally discussed principles associated with the removal of executors or personal representatives of an estate. This post is similar except that it analyzes this issue in the context of trusts rather than estates. Every trustee of a trust, and every beneficiary of a trust, should be aware of these principles as well. To [...]
Removal Of An Executor (Personal Representative) From An Estate Under Arkansas Law
Posted in Breach of fiduciary duties, Duties of executors, Misappropriation of assets, Rights of beneficiaries, tagged administer, arkansas, asset, beneficiary, conflict, conflict of interest, debt, distribute, estate, executor, fiduciary, good faith, heir, intestacy, intestate, letters, manage, passed away, personal representative, probate, property, removal, remove, testamentary, will on January 9, 2010 |
As previously discussed on this Blog, an executor, also known as a personal representative, is a person who is charged with the responsibility of administering an estate after another person has passed away. They will typically do things like collect and inventory the deceased’s assets, manage the property, pay the debts, and distribute property according to [...]
