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3 Sep 2014, 10:42 pm
For example, if A died leaving a testamentary estate of $100,000 and bequeathed $75,000 to B but also exercised a power of appointment over the remainder of a trust of over $100 million in favor of C where the default beneficiary was D, one can imagine a very costly probate contest brought by D and defended by C, the nominated executor. [read post]
13 Sep 2014, 10:41 pm
For example, if A died leaving a testamentary estate of $100,000 and bequeathed $75,000 to B but also exercised a power of appointment over the remainder of a trust of over $100 million in favor of C where the default beneficiary was D, one can imagine a very costly probate contest brought by D and defended by C, the nominated executor. [read post]
11 Mar 2014, 4:38 am by Charles Sartain
Where a Texas trust is irrevocable, and the beneficiary does not have a present, possessory interest in the corpus, as a matter of law the distributions are separate property. [read post]
2 Aug 2014, 5:07 pm by Ginzburg & Bronshteyn LLP
(b) A person who has a mental or physical disorder may still be capable of contracting, conveying, marrying, making medical decisions, executing wills or trusts, and performing other actions. [read post]
18 Sep 2007, 6:27 pm
A beneficiary may serve as a designated representative only if the beneficiary isa) Designated by the settlor by name, or b) Is one of a group of certain defined relatives of the settlor or his spouse. [read post]
26 Sep 2007, 7:07 am
(b) In the case of arbitration, the arbitrator shall establish the procedure for arbitrating the matter or matters and recognizing the goals of privacy, efficiency, less formality than in a judicial tribunal, and less expense than might be incurred in a judicial forum, while reaching a fair result. [read post]
4 Nov 2009, 9:34 am
The Montana Supreme Court has issued an Opinion in the following matter: DA 09-0141, 2009 MT 367, DENNIS THORNTON, DONNA THORNTON, and MISTY CLIFF II CONDOMINIUMS ASSOCIATION, and BLOMGREN FAMILY TRUST, BILL B. [read post]
1 Jul 2019, 1:22 pm by Chepenik Trushin LLP
A transaction is a gift under section 2512(b) of the Code whenever there is a transfer for less than adequate and full consideration. [read post]
30 Apr 2018, 9:01 pm by Tamar Frankel
If Party A deals with Party B, and Party B can take care of his or her interests, then Party A need not bear fiduciary duties. [read post]
22 Mar 2023, 12:33 pm by Michael Oykhman
Section 122 of the Criminal Code states that everyone who: Every official who, in connection with the duties of their office, commits fraud or a breach of trust, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person, is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction. [read post]
2 Dec 2009, 4:30 am
Harborview Mortgage Loan Trust, et al., Case No. 08-CV-05093 (SDNY Sept. 24, 2008). [read post]
17 Sep 2018, 11:48 am by Juan C. Antúnez
See Restatement (Third) of Trusts Section 27 Reporter’s Notes to cmt. b (Tentative Draft No. 2, approved 1999). [read post]
6 Apr 2022, 6:12 am
Reed violated Exchange Act Section 10(b) and its accompanying Rule 10b-5 “by trading on material, non-public information [of Torotel, Inc.] in breach of his duty of trust and confidence owed to his business partner (“Business Partner”), who was also a Torotel director and family member. [read post]