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 [...]
Posts Tagged ‘Arkansas Trust Code’
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 |
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 [...]
Statute Of Limitations For Breach Of Trust Suits Against Trustees
Posted in Breach of fiduciary duties, Duties of trustees, Rights of beneficiaries, Statute of limitations, tagged Arkansas Trust Code, beneficiaries, breach, Breach of fiduciary duties, breach of trust, duties, fraudulent concealment, Statute of limitations, tolled, trust litigation, trustee on October 16, 2009 |
A couple of the most frequent questions in estate, trust, and probate litigation are: (from trust beneficiaries) “How long do I have to sue a trustee for breach of trust?”, and (from trustees or potential trustees) “How long must I be concerned about potentially being sued for an alleged breach of trust?” The Arkansas Trust Code (at [...]
