As we are in the midst of the holiday season and families all around the world are coming together to enjoy each other’s company for a few fun-filled days (or in some cases a couple of miserable hours), it can be a little disheartening to read about (much less write about) another wealth war in the news. [...]
Archive for the ‘Duties of executors’ Category
UPDATED: Sentencing Time In The Ultimate Wealth War: The Astor Family Fortune
Posted in Breach of fiduciary duties, Duties of executors, Duties of trustees, In the news, Misappropriation of assets, Self-dealing, tagged Anthony Marshall, Astor, Brooke Astor, estate planning, law enforcement, Phillip Marshall, trust administration, wealthy, white collar crime on December 19, 2009 |
Avoiding Estate, Trust & Probate Litigation
Posted in Accounting actions, Breach of fiduciary duties, Duties of executors, Duties of trustees, In the news, Interpretation of wills/trusts, Misappropriation of assets, Rights of beneficiaries, Self-dealing, Will contests, tagged Abraham Lincoln, beneficiaries, bypass, distribution, estate litigation, estate planning, fraud, intentions, no-contest, probate litigation, surprise, trust department, trust litigation, trusts, U.S. News, undue influence on November 30, 2009 |
Since one of my areas of practice is estate, trust & probate litigation, it is obviously not in my economic self-interest to counsel against getting involved in this type of litigation in the first place. However, first and foremost is a lawyer’s duty to his or her client, which while sometimes involves filing or defending a [...]
Michael Jackson’s Father Making Push For Allowance And Say-So In Deceased Son’s Estate
Posted in Duties of executors, In the news, Interpretation of wills/trusts, Rights of beneficiaries, tagged allowance, challenge, children, control, duties, estate litigation, executor, litigation, michael jackson, probate litigation, will on November 11, 2009 |
At my house we just started giving allowances to our kids so long as they do certain chores around the house, and hopefully the experiment will teach them a number of lessons including personal responsibility, teamwork, the value of hard work, budgeting, saving, etc. Each of our children will receive one dollar (per year of their age) [...]
Modern Recordkeeping Fraught With Potential For Abuse When Individuals Die
Posted in Breach of fiduciary duties, Duties of executors, Duties of trustees, In the news, Misappropriation of assets, Rights of beneficiaries, Self-dealing, tagged administrator, assets, computer, digital, estate planning, lawsuit, liabilities, recordkeeping on October 28, 2009 |
An interesting article on msnbc.com from a few days ago sheds light on how modern day estate planning probably needs to catch up with the practicalities of modern day life. Specifically, the article’s author discusses how, years ago, when an individual died the survivors typically conducted a search of the house, papers, safety deposit box, etc. in order [...]
Children Of Dr. Martin Luther King, Jr. Settle Dispute Over Father’s Estate
Posted in Breach of fiduciary duties, Duties of executors, In the news, Misappropriation of assets, Rights of beneficiaries, tagged assets, children, estate litigation, executor, jury trial, Martin Luther King, property rights, siblings on October 24, 2009 |
Anyone who knows me is aware of my admiration for Dr. Martin Luther King, Jr. as a speaker, preacher, writer, community activist, and proponent of peace and nonviolence. Many do not appreciate the fact that he was much bigger than a mere advocate for racial equality, but rather was a warrior for the larger causes of social and economic justice. [...]
Newly-Discovered Assets In Old Estate Result In New Litigation
Posted in Duties of executors, Recent Arkansas appeals, Rights of beneficiaries, Rights of creditors, tagged arkansas, assets, creditors, estate, Fayetteville Shale, insolvent, probate, solvent, tennessee on October 22, 2009 |
A recent decision from the Arkansas Court of Appeals in Ellingsen v. King, 2009 Ark. 655 (October 7, 2009) illustrates how some long-forgotten but newly-discovered property can often send family members and creditors scrambling for their piece of the pie. This interesting case involved Mr. McAlexander, who died in 1988 a resident of Shelby County, Tennessee. An [...]
