LexisNexis® Legal Newsroom
Michael T. Flannery on Attorney Client Privilege and Native American Trusts

In this Analysis, Professor Michael T. Flannery addresses the "fiduciary" exception to attorney client privilege related to representing clients in their fiduciary capacity as trustees, specifically discussing the application of the fiduciary exception to attorney client privilege in cases...

Real Cases in Real Estate by Andrea Lee Negroni, Esq. – February 14th Update

Real Cases in Real Estate is a weekly update on real estate law, with legal principles illustrated and explained by lawsuits from around the country. The topics are wide-ranging for appeal to a broad spectrum of readers including lawyers, homeowners, investors and the general public. Andrea Lee...

Trust Law: The Fiduciaries’ Investment Responsibility

By John A. Hartog This is part of our series of posts written by John A. Hartog of John A. Hartog, Inc. in Orinda, Calif., and Shirley L. Kovar of Henderson Caverly Pum Charney LLP, in San Diego, Calif., co-authors of the LexisNexis® Matthew Bender® Practice Guide titled California Trust Litigation...

Trust Law: The Trustee’s Duty

By John A. Hartog This is part of our series of posts written by John A. Hartog of John A. Hartog, Inc. in Orinda, Calif., and Shirley L. Kovar of Henderson Caverly Pum Charney LLP, in San Diego, Calif.,co-authors of the LexisNexis® Matthew Bender® Practice Guide titled California Trust Litigation...

Common Mistakes Made in Probate Court: You’re not in Civil Court Anymore!

By John A. Hartog & Shirley L. Kovar ( This is part of our series of posts written by John A. Hartog of John A. Hartog, Inc. in Orinda, Calif., and Shirley L. Kovar of Henderson Caverly Pum Charney LLP, in San Diego, Calif., co-authors of the LexisNexis® Matthew Bender® Practice Guide...

Trustee Continuous Reporting of Actual and Proposed Significant Events

By David W. Tate California Probate Code section 16061 provides: "16061. Except as provided in Section 16069, on reasonable request by a beneficiary, the trustee shall report to the beneficiary by providing requested information to the beneficiary relating to the administration of the trust...

Contested Accountings and Attorneys Fees

When objections to a fiduciary accounting are sustained and the court imposes a surcharge or denies commissions or grants removal, it may also charge the legal fees of the fiduciary against the fiduciary individually for their misconduct. In other circumstances, the court may also impose the objectant's...

How to Compel an Accounting from a Reluctant Trustee--and How a Trustee May Defend Such a Request

How do you advise a trust beneficiary who has repeatedly requested information from a trustee of a trust in which the beneficiary has an interest, only to be met with silence, delay, or incomplete and inconsistent responses? In this Analysis, trust litigator Dawn Hall Cauthen discusses this frequently...

New California Case – The Proper Party to the Case Is the Trustee of the Trust, Not the Trust Itself

By David W. Tate Portico Management Group, LLC v. Harrison (California Court of Appeal, Third District, Case No. C062060, December 28, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] reaffirming that a trust is not an entity...

Margaret M. Hand on Aspects of the Uniform Principal and Income Act in California Regarding Trust Accounting

California's adoption of the UPIA imposes on trustees the duty to invest and manage trust assets as would a prudent investor. Trustee are required to diversify trust investments, but may invest for total return following a modern portfolio theory. In this Analysis, Margaret M. Hand addresses the...

Margaret M. Hand on California Trustee's Duty to Account

A trustee's duty extends beyond liability for breach of a fiduciary duty. One of the trustee's primary responsibilities is to provide information and account to the trust's beneficiaries. Discharging this duty to account benefits the trustee as well as the beneficiaries. The Probate Code...

Troutman Sanders LLP: Virginia Will Become Friendlier to Trustees on July 1, 2012

By David N. Anthony , Melissa Roberts Tannery and Tania S. Sebastian A change in Virginia law effective July 1, 2012, will limit trustee liability with respect to directed trusts, which is good news for corporate and individual trustees alike. The amendment to Virginia Code Section 55-548.08 , which...

McNees Wallace & Nurick LLC: Pennsylvania Supreme Court Changes Rule On Dual Commissions

B y Kimberly M. Colonna For well over 60 years, Pennsylvania law has provided that, for trusts created before 1945, an entity that was paid a commission as the estate executor was not entitled to a trustee's commission paid from the principal of the trust. A 2011 decision from the Pennsylvania...

Naming a Trustee Is a Key Florida Estate Planning Decision

Every Sarasota and Manatee County Florida resident leaving property and assets to their heirs at death, via a trust, must consider who will run the trust after they have passed away. The chosen fiduciary will be responsible for managing the assets the trust owns and making distributions to your loved...