This week’s issue of the Arkansas Times contains a sad but fascinating story written by Mara Leveritt, who is well-known for her writing about so-called “true crime,” including but not limited to her book about the West Memphis Three, Devil’s Knot. Specifically, Ms. Leveritt tells the tale of an older gentleman living in Washington state whose trust assets were [...]
Posts Tagged ‘trust’
“Murder, Fraud, $2.2 Million Somewhere”
Posted in In the news, Misappropriation of assets, tagged arkansas, fraud, lawsuit, litigation, trust, undue influence on August 5, 2011 |
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 |
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 [...]
Family Member Trustees vs. Institutional Trustees
Posted in Breach of fiduciary duties, Duties of trustees, Rights of beneficiaries, tagged bank, beneficiaries, beneficiary, co-trustee, estate planning, family member, impartiality, institutional, removal, settlor, successor trustee, trust, trust company, trustee on April 10, 2011 |
When a trust is formed, one of the many decisions that must be made by the “settlor” (the one who forms the trust) is who will serve as trustee. The settlor may also select multiple trustees (“co-trustees,” who serve with each other) and later (“successor”) trustees (who may serve after the original trustee can no longer serve [death, disability, etc.] [...]
Frank Talk On Attorney’s Fees
Posted in ***WELCOME TO THIS BLOG, Attorney's fee issues, tagged arkansas, attorney fees, beneficiary, breach of trust, estate litigation, executor, lawsuit, litigation, personal representative, probate litigation, trust, trust litigation, trustee, will contest on September 30, 2010 |
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 [...]
Inheritance Hijackers: Who Wants To Steal Your Inheritance And How To Protect It
Posted in Breach of fiduciary duties, Duties of executors, Duties of trustees, Misappropriation of assets, Rights of beneficiaries, Self-dealing, Will contests, tagged assets, beneficiary, fiduciary, inheritance, Inheritance Hijackers, inheritance theft, litigation, Protect Your Estate, Robert Adamski, trust, victim on August 6, 2010 | 1 Comment »
At the recommendation of a client, I have recently started reading a fascinating book entitled Inheritance Hijackers: Who Wants To Steal Your Inheritance And How To Protect It (Ovation Books 2009) written by a Florida attorney named Robert C. Adamski. The book is primarily written for beneficiaries and potential beneficiaries of an inheritance. Mr. Adamski’s book sets forth an extensive [...]
Arkansas Court Of Appeals Rules Dying Woman Not Competent To Execute Deed
Posted in Breach of fiduciary duties, Misappropriation of assets, Recent Arkansas appeals, Rights of beneficiaries, tagged competent, confidential, deed, duress, incapacity, invalid, mentally impaired, Pulaski County, trust, undue influence on May 2, 2010 |
Sorry for no posts as of late—I’ve been tied up preparing for, and then engaged in, a lengthy trust litigation case in which the jury, after a 6 day trial in Pulaski County Circuit Court, returned a significant verdict for our clients. I’m just now trying to catch up on other work, but hope to resume regularly [...]
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 [...]
New Book And Television Series Coming Out About Estate, Trust & Probate Battles
Posted in Breach of fiduciary duties, In the news, Misappropriation of assets, Rights of beneficiaries, Will contests, tagged book, conspiracy, documents, estate, fortune, fraud, lawsuit, money, movie, probate, prominent, television, Trial And Heirs, trust, TV on December 3, 2009 |
The estate, trust, and probate disputes and lawsuits that one reads about in the newspapers and which we commonly see in our law practice can seem like a television or movie drama. Common threads running through these battles frequently include prominent characters in the community, tales of large sums of money flying around, allegations of complex conspiracies, questions regarding [...]
Legendary College Football Coach’s Son Sues Stepmom Over Trust Obligations
Posted in Accounting actions, Breach of fiduciary duties, Duties of trustees, In the news, Rights of beneficiaries, tagged accounting, arkansas, assets, beneficiary, college, conference, confidentiality, football, gamecocks, mallett, michigan, petrino, razorback, schembechler, south carolina, trust, wolverine on November 8, 2009 |
We’re in the heart of the 2009 college football season and the Arkansas Razorbacks are having a better year than last year under second-year Coach Bobby Petrino (thank goodness), although losing against the Florida Gators a couple of weeks ago still stings. Transfer Ryan Mallett had a fantasic game yesterday against the South Carolina Gamecocks, and it [...]
