Recent Cases of Interest to Fiduciaries: August 2015

August 27, 2015

In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following:

  • Strange v. Towns et al., 769 S.E.2d 604 (Ct. App. GA, March 4, 2015) A Georgia Court of Appeals determined that a settlor validly amended her living trust through the execution of a durable power of attorney during her lifetime.
  • In re: Eleanor Pierce (Marshall) Stevens Living Trust, 159 So. 3d 1101 (Ct. App. LA, February 18, 2015) Court upholds an appointment of a trust protector as valid under Louisiana law.
  • Colbert v. Kraek, 2015 Ind. App. LEXIS 242 (March 30, 2015) Court gives effect to unambiguous trust funding formula.
  • In re Johnson, 46 Misc.3d 1213(A) (N.Y. Surr., Broome Cnty, January 12, 2015) When last will and testament favored daughter who served as agent under power of attorney and managed testator’s finances, summary judgment was not appropriate, and claims of lack of testamentary capacity and undue influence were allowed to proceed to the jury.
  • Kimberly Rice Kaestner 1992 Family Trust v. North Carolina Department of Revenue, 12 CVS 8740 (April 23, 2015) North Carolina court holds statute taxing trust income unconstitutional.
  • Sanders v. Riley, 296 Ga. 693 (March 16, 2015) Clarifying the durability of virtual adoption under Georgia law.
  • Rafert v. Meyer, 290 Neb. 219 (February 27, 2015) The limited application of exculpatory clauses and primacy of statutory law over trust terms.
  • In the Matter of the Estate of Robyn R. Lewis, Deceased, 2015 N.Y. LEXIS 1292; 2015 NY Slip. Op. 04674 (June 4, 2015) Duplicate original wills create problems; revocation by physical act is presumed when will cannot be found after diligent search.
  • Blechman v. Estate of Blechman, 160 So.3d 152 (April 1, 2015) A decedent’s testamentary devise of his ownership interest in an LLC was invalid based on the operating agreement’s restriction on conveyances to non-family members.
  • Megiel-Rollo v. Megiel, 2015 Fla. App. LEXIS 5601 (April 17, 2015) Court allows reformation of trust to correct scrivener’s error recognizing Florida’s liberal policy with regard to reforming written instruments to conform to the intention of the parties.

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