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 ‘Interpretation of wills/trusts’ 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 |
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 |
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 [...]
Mediation As An Alternative To Inheritance Litigation
Posted in Breach of fiduciary duties, Improper investments, Interpretation of wills/trusts, Misappropriation of assets, Rights of beneficiaries, Self-dealing, Will contests, tagged ADR, alternative dispute resolution, arbitration, confidential, court, docket, estate litigation, mediation, mediator, probate litigation, trust litigation on October 31, 2010 |
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, [...]
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 [...]
Arkansas Court Of Appeals Rejects Cousin’s Attempt To Set Aside Gifts To The Decedent’s “Yardman”
Posted in Interpretation of wills/trusts, Powers of attorney, Recent Arkansas appeals, Rights of beneficiaries, Will contests, tagged competency, deceased, impairment, incompetent, mental capacity, power of attorney, quitclaim deed, revocable trust, undue influence, will on March 13, 2010 |
One common thread running throughout this blog since its inception has been the issue of competency, i.e., the ability of a person to make informed decisions. Conflicts often arise when ill or elderly people are claimed to have made signficant decisions regarding disposition of their property shortly before they died—sometimes the decision will be legitimate, the culmination of some long, thought-out [...]
Court Rules Testator Was Not Under Insane Delusions When He Revoked His Will
Posted in Interpretation of wills/trusts, Recent Arkansas appeals, Rights of beneficiaries, Will contests, tagged Arkansas lawyer, intestacy, intestate, revocation, revoke, will, will contest on February 25, 2010 |
It has been estimated that well over 1/2 of all Americans do not have a will. I personally know many attorneys that do not even have a will, even though virtually every Arkansas lawyer passed a bar examination covering wills and trusts and more than likely also took a decedents’ estates class in law school. Whether [...]
Court Rules Handwritten Note Found By Deceased’s Mother Did Not Result In Change Of IRA Beneficiary
Posted in In the news, Interpretation of wills/trusts, Recent Arkansas appeals, Rights of beneficiaries, Will contests, tagged arkansas, Court of Appeals, handwritten, holographic, IRA, will on February 11, 2010 |
As previously discussed on this Blog, a common fact scenario in estate, trust and probate lawsuits involves an eleventh-hour change in a dying person’s final wishes regarding their property. Quite often the last-minute decision appears legitimate, although occasionally there is an aura of suspicious facts and circumstances surrounding the event which arises to the level of an “inheritance theft.” [...]
Billionaire’s Former Lover’s Shenanigans Fail In Will Contest
Posted in In the news, Interpretation of wills/trusts, Misappropriation of assets, Will contests, tagged arkansas, executor, fiduciary, Nina Wang, Tony Chan, trustee, will contest on February 7, 2010 |
Most estate and trust conflicts for which our law firm is retained, either to represent the fiduciary (executor, trustee, etc.) or the beneficiary to whom the fiduciary duty is owed, involve anywhere from several hundred thousand dollars to several million dollars. The fact is that the substantial time and expense associated with litigating smaller amounts in dispute can often [...]
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 [...]
Videotaping As Possible Way To Preclude Estate, Trust & Probate Litigation
Posted in In the news, Interpretation of wills/trusts, Will contests, tagged beneficiary, conflict of interest, estate, estate planning, Michael Keaton, My Life, Nicole Kidman, trust, Wall Street Journal, will on December 8, 2009 |
You may remember a movie from 15 or so years ago called “My Life,” starring Michael Keaton and Nicole Kidman, in which a terminally ill man films a video for his unborn child to watch after the man passes away after a fight with cancer. The father essentially wanted the child to know who the father [...]
