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 ‘breach of trust’
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 »
Frank Talk On Attorney’s Fees
Posted in ***WELCOME TO THIS BLOG, Attorney's fee issues, tagged trustee, estate litigation, probate litigation, trust litigation, trust, arkansas, breach of trust, executor, lawsuit, beneficiary, litigation, will contest, personal representative, attorney fees on September 30, 2010 | Leave a Comment »
One of the first questions that a potential inheritance litigation client quite reasonably asks is some form of the following question: “How much is this ultimately going to cost me?” While there is unfortunately little or no way of determining on the front end how much a legal matter might cost, how that cost will be calculated generally is capable of early [...]
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 | Leave a Comment »
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 | Leave a Comment »
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 [...]
