Removal of Trustee 4-24-18

Cases of interest – 4-24-18 Provided By: TEdec Systems, Inc. Trust Under Agreement of Taylor, 164 A. 3d 1147 (Pa. 2017) UTC provisions allowing modification of trust by beneficiaries cannot be used to remove trustee. In Trust Under Agreement of Taylor, 164 A. 3d...

Power of Attorney – Duty to Account

When a power of attorney is at issue, the statute of limitations starts to run on either of the following: The death of the principal; A judicial accounting by the fiduciary; or Open repudiation of trust by the fiduciary. The latter requires proof of repudiation that...

Trustee Acted In Good Faith

Cases of Interest – 10-26-17 Cases of interest – 10-26-17 In In re Goodman, 149 A.D.3d 649, 52 N.Y.S.3d 363 (1st Dep’t 2017) the trustee sought judicial settlement of an accounting what showed principal distributions to the grantor.  Other beneficiaries...