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30 May 2017, 6:07 pm
NJ Supreme Court holds if an executor or trustee violates fiduciary duty they can be liable for attorneys fees8. [read post]
17 Jun 2016, 8:00 am
Is there something about your estate plan (or lack thereof) that is nagging you too? [read post]
19 Jun 2012, 8:09 am
§ 13-5-30 states the following contract must be reduced to writing: (1) A promise by an executor, administrator, guardian, or trustee to answer damages out of his own estate; (2) A promise to answer for the debt, default, or miscarriage of another; (3) Any agreement made upon consideration of marriage, except marriage articles as provided in Article 3 of Chapter 3 of Title 19; (4) Any contract for sale of lands,… [read post]
10 Nov 2009, 9:01 am
” Other cases in which the presumption has been successfully rebutted involve fiduciary relationships, such as a trustee and the beneficiary. [read post]
7 Jul 2009, 4:21 am
In some cases, a lawyer may owe duties to a nonclient that are actionable in a legal malpractice claim if his client has a fiduciary relationship with the nonclient, to the extent that action necessary to prevent or rectify the [*9] breach of a fiduciary duty owed by the client to the nonclient falls within the scope of his representation. 4 In order to state a claim for negligence, a plaintiff must demonstrate "(1) a duty owed by the defendant to Plaintiff, (2) a breach thereof,… [read post]
6 Feb 2019, 2:10 pm
The court also ruled in favor of the defendants with regard to the statute of limitations instruction, noting that the porch had been installed no later than the late 1980s and, thus, any negligence claim stemming from the construction thereof was time-barred under Mass. [read post]
27 Apr 2022, 11:31 am
Furthermore, reports of suspected Bankruptcy Fraud are required by 18 USC 3057(a) to be made to the AUSA by any judge, receiver, or trustee with “reasonable grounds” to believe a crime has occurred. [read post]
5 May 2015, 3:26 pm
“Where the settlor retains only a limited interest in a trust, the portion thereof not retained is afforded some protection even though it is self-settled. [read post]
5 May 2015, 3:26 pm
“Where the settlor retains only a limited interest in a trust, the portion thereof not retained is afforded some protection even though it is self-settled. [read post]
10 Aug 2022, 9:05 pm
(ii) For nominations or other business to be properly brought before an annual meeting by a stockholder pursuant to clause (C) of the foregoing paragraph, (1) the stockholder must have given timely notice thereof in writing to the Secretary of the Corpor [read post]
8 Apr 2020, 4:51 am
” EPTL 7-1.17 provides the formal requirements for the execution, amendment and revocation of lifetime trusts: EPTL 7-1.17(a)states “[e]very lifetime trust shall be in writing and shall be executed and acknowledged by the person establishing such trust and, unless such person is the sole trustee, by at least one trustee thereof, in the manner required by the laws of this state for the recording of a conveyance of real property[1] or, in lieu thereof,… [read post]
30 May 2017, 6:06 pm
NJ Supreme Court holds if an executor or trustee violates fiduciary duty they can be liable for attorneys fees8. [read post]
12 Feb 2010, 5:16 am
Upon the dissolution of any corporation, the Superior Court of the county in which the corporation carries on its business or has its principal place of business, on application of any creditor of the corporation, or of any stockholder or member thereof, may appoint one or more persons to be receivers or trustees of the corporation, to take charge of the estate and effects thereof, and to collect the debts and property due and belonging to the corporation, and to pay the… [read post]
2 Feb 2012, 12:28 pm
All real and personal property held by or for the benefit of any Parish, Mission or Congregation is held in trust for this Church and the Diocese thereof in which such Parish, Mission or Congregation is located. [read post]
12 Jan 2009, 8:28 am
This proposal requires no Treasury funds because the cash flow needed comes from private funds that already exist in the hands of private citizens under the control of fund trustees. [read post]
19 Sep 2008, 12:05 pm
The nominally private charter or status of the entities in question is not determinative, however (see Smith, 92 NY2d at 713-716; Holden v Board of Trustees of Cornell Univ., 80 AD2d 378, 380-381 [3d Dept 1981]). [read post]
14 Jul 2012, 3:00 am
The nominally private charter or status of the entities in question is not determinative, however (see Smith, 92 NY2d at 713-716; Holden v Board of Trustees of Cornell Univ., 80 AD2d 378, 380-381 [3d Dept 1981]). [read post]
12 Jan 2009, 8:28 am
This proposal requires no Treasury funds because the cash flow needed comes from private funds that already exist in the hands of private citizens under the control of fund trustees. [read post]
5 Mar 2014, 6:07 pm
According to KR, JB's counsel, in her affirmation in support of the motion, the residence at 69 Ransom Avenue was transferred into a joint irrevocable trust naming KH and PH as trustees as a result of the consultation with her in 2007; in early 2009, PH and KH, as trustees, transferred the residence out of the trust and into KH's individual name; thereafter, KH transferred the residence into EB’s name; this was done without JB's consent or awareness; and, ten days later, EB… [read post]
25 Oct 2021, 7:14 am
If the revocation of a trust, or any part thereof, is procured by fraud, duress, mistake, or undue influence, such revocation is void. [read post]
