Estate and Elder Law

Recent Posts

Williams Mullen: Fiduciary Not Liable For Money Damages in Action to Recover Death Benefits: Stocks v. Life Insurance Company of North America
Posted on 30 Mar 2012 by Williams Mullen

BY: MARK S. THOMAS & ROBERT W. SHAW A federal district court recently applied the U. S. Supreme Court's decision in CIGNA Corp. v. Amara (2011) [ enhanced version available to lexis.com subscribers ], in a practical setting that illuminates... Read More

Williams Mullen: Case Holds That ERISA Claims Based On Initial Investment Decisions Are Time-Barred
Posted on 20 Oct 2011 by Williams Mullen

BY: MARK S. THOMAS & ROBERT W. SHAW In a suit brought under the Employee Retirement Income Security Act of 1974, as amended ("ERISA") against Bank of America and its Corporate Benefits Committee, the U.S. District Court for the Western... Read More

Troutman Sanders LLP: The Next Frontier in Fiduciary Oversight Litigation?
Posted on 10 May 2012 by Troutman Sanders

By Jonathan A. Kenter and Gail H. Cutler In the latest of a series of high-profile class action suits against large 401(k) plans, ABB, Inc., a North Carolina power generation products manufacturer, and its 401(k) plan committees, were held jointly and... Read More

Recent New York Case Illustrates the Wrong Way for Attorneys to Distribute Settlement/Estate Funds
Posted on 12 Dec 2011 by LexisNexis Estate and Elder Law Community Staff

A recent New York case provides a strong warning to attorneys in how they distribute settlement funds. It's a reminder that individual and representative capacity can be like oil and water - they sometimes don't mix. Arkady Frekhtman (appellant... Read More

New California Case – Damages Recoverable Against an Estate Executor for Failure to Timely Distribute Assets Following an Order of Distribution
Posted on 14 Dec 2011 by Dave Tate

By David W. Tate Estate of Roger Kampen (California Court of Appeal, First Appellate District, Case Nos. A129849 and A130313, November 14, 2011, Pub. Order December 9, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version... Read More

NC POA Case Shows It's Better to Plan in Advance
Posted on 1 May 2012 by Gregory Herman-Giddens

A recent North Carolina Court of Appeals decision affirmed the Superior Court verdict that an agent under a power of attorney did not breach his fiduciary duty to his aunt, Doris King or unjustly enrich himself at her expense. Albert v. Cowart, et al... Read More

NC POA Case Shows It's Better to Plan in Advance
Posted on 1 May 2012 by Gregory Herman-Giddens

A recent North Carolina Court of Appeals decision affirmed the Superior Court verdict that an agent under a power of attorney did not breach his fiduciary duty to his aunt, Doris King or unjustly enrich himself at her expense. Albert v. Cowart, et al... Read More

Williams Mullen: Fiduciary Not Liable For Money Damages in Action to Recover Death Benefits: Stocks v. Life Insurance Company of North America
Posted on 30 Mar 2012 by Williams Mullen

BY: MARK S. THOMAS & ROBERT W. SHAW A federal district court recently applied the U. S. Supreme Court's decision in CIGNA Corp. v. Amara (2011) [ enhanced version available to lexis.com subscribers ], in a practical setting that illuminates... Read More

Williams Mullen: Case Holds That ERISA Claims Based On Initial Investment Decisions Are Time-Barred
Posted on 20 Oct 2011 by Williams Mullen

BY: MARK S. THOMAS & ROBERT W. SHAW In a suit brought under the Employee Retirement Income Security Act of 1974, as amended ("ERISA") against Bank of America and its Corporate Benefits Committee, the U.S. District Court for the... Read More

Troutman Sanders LLP: The Next Frontier in Fiduciary Oversight Litigation?
Posted on 10 May 2012 by Troutman Sanders

By Jonathan A. Kenter and Gail H. Cutler In the latest of a series of high-profile class action suits against large 401(k) plans, ABB, Inc., a North Carolina power generation products manufacturer, and its 401(k) plan committees, were held jointly... Read More