LexisNexis® Legal Newsroom
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...

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...

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...

Ask Liza: Paying Credit Card Debt As Trustee

Dear Liza, My father passed away recently, and all of his and my mom’s assets are held in a living trust (except an individual checking account), of which I am now the Trustee. A few collection agencies are now contacting me about collecting on some credit card balances, which are fairly significant...