My last post discussed the pros and cons of institutional trustees vs. family member trustees. Regardless of whom is serving as trustee, in the course of my law practice there are common themes which repeatedly arise in the area of trust disputes and litigation. Specifically, it is easy for trustees—especially inexperienced family member trustees—to make mistakes when administering [...]
Archive for the ‘Improper investments’ Category
Common Mistakes When Serving As Trustee
Posted in Breach of fiduciary duties, Duties of trustees, Improper investments, Interpretation of wills/trusts, Prudent investor rule, Rights of beneficiaries, Self-dealing, Suitability of investments, tagged Arkansas Trust Code, beneficiaries, Breach of fiduciary duties, breach of trust, conflict of interest, fiduciary, litigation, trust, trust litigation, trustee on July 26, 2011 | Leave a Comment »
Mediation As An Alternative To Inheritance Litigation
Posted in Breach of fiduciary duties, Will contests, Self-dealing, Rights of beneficiaries, Misappropriation of assets, Interpretation of wills/trusts, Improper investments, tagged estate litigation, probate litigation, trust litigation, confidential, mediation, alternative dispute resolution, arbitration, court, docket, ADR, mediator on October 31, 2010 | Leave a Comment »
Lawsuits are not the only way to resolve disputes, and arguably are not even the best way. Litigation can be financially expensive, time-consuming, and emotionally tolling. Especially in the context of estate, trust and probate litigation, the disputes often involve persons who know each other, including relatives, friends, and business associates. Accordingly, in addition to the expenditure of money, [...]
