Trust BCLP

Trust BCLP

ARCHIVE

Main Content

Bryan Cave Appoints Therese Pritchard as Chair-Elect

PritchardThe Private Client Group at Bryan Cave congratulates DC Partner Therese Pritchard for her appointment as Chair-Elect of Bryan Cave.  She will become Chair of the Firm upon the expiration of Don Lent’s term in October 2014.

DC Partner Therese Pritchard has been featured in numerous outlets for the announcement that she will succeed Don Lents as chair in October 2014. Pritchard will become the first woman in the firm’s 140-year history to hold the role of chair. Pritchard was featured Dec. 18 in The Wall Street Journal’s law blog, The Washington Post, Law360, The AmLaw Daily, the St. Louis Post-Dispatch and in the St. Louis and Kansas City business journals, among others. “Our challenges are some of the same challenges facing the entire legal industry,” Pritchard told The Wall Street Journal. “We have to work hard to expand

Missouri Court Determines When Estate Beneficiary Has Standing to Raise Undue Influence Claims

December 23, 2013

Authored by:

Categories

This post originally appeared here on Bryan Cave’s Private Client Service Group blog, TrustBryanCave.com.

With research and drafting assistance from Washington University extern, Kelsey Delong.

In Williams v. Hubbard, et. al., the Missouri Court of Appeals addressed the issue of whether a beneficiary of a decedent’s estate would be entitled to funds from the decedent’s account if the payable on death (“POD”) beneficiary or joint owner of the account was found to have procured the beneficiary or ownership interests through undue influence. In this case, the court found that the beneficiary could have rights to some of the decedent’s multiple accounts, but not all of them.

In this case, Betty Margaret Reynolds (“Betty”) hired Respondent Kenneth Nelson to draft several of her estate planning documents, including a beneficiary deed, a 2000 Will, and a 2006 Will. The beneficiary deed named

Missouri Court Determines When Estate Beneficiary Has Standing to Raise Undue Influence Claims

With research and drafting assistance from Washington University extern, Kelsey Delong.

In Williams v. Hubbard, et. al., the Missouri Court of Appeals addressed the issue of whether a beneficiary of a decedent’s estate would be entitled to funds from the decedent’s account if the payable on death (“POD”) beneficiary or joint owner of the account was found to have procured the beneficiary or ownership interests through undue influence. In this case, the court found that the beneficiary could have rights to some of the decedent’s multiple accounts, but not all of them.

In this case, Betty Margaret Reynolds (“Betty”) hired Respondent Kenneth Nelson to draft several of her estate planning documents, including a beneficiary deed, a 2000 Will, and a 2006 Will. The beneficiary deed named Appellant Eric Williams as the sole beneficiary of certain real estate owned by Betty. The 2000 Will drafted named Norma Lamp and Erma

Kansas Courts Decline To Exercise Jurisdiction In Trust Litigation

December 19, 2013

Authored by:

Categories

Where can a trustee be sued?  The answer to that question may take into consideration a number of factors, including where the trustee is located, where the trust is administered, and the nature of the claims against the trustee.  These were among the factors considered by the Court of Appeals of Kansas in dismissing trust litigation in Ashford v. Ann K. Fauvor Kansas Trust (2013 WL 6389519).

What seemingly important factor didn’t sway the Kansas appellate court into keeping the case?

Another Georgia Executor Removed Due To A Conflict Of Interest

December 17, 2013

Authored by:

Categories

Last week we looked at a Georgia executor getting removed due a conflict of interest.  This week, in In re Estate of Farkas, we see yet another case of a Georgia executor being removed due to a conflict of interest.  Why was the executor removed this time?

Georgia Executor Removed Due To Conflict Of Interest

December 12, 2013

Authored by:

Categories

When a person names a friend or relative as a fiduciary in one instrument, it should come as no surprise if that person also names the same friend or relative as a fiduciary in another instrument.  Thus, the same person may be named executor, trustee, and attorney-in-fact.

Since we know that an executor is expected to marshal estate assets, we know that an executor may be called upon to investigate pre-death transactions to determine whether the assets that were the subject of those transactions should really be part of the estate.  Sometimes that requires a lawsuit to recover those assets.  So, what happens when one person, acting under a power of attorney, engages in a transaction that estate beneficiaries claim was improper?  If the attorney-in-fact is also the executor, how can that person be called upon to investigate him or herself?  In In re: the

Pecan Farms And Alleged Fraud

December 10, 2013

Authored by:

Categories

Pecan Farms And Alleged Fraud

December 10, 2013

Authored by: Luke Lantta

It’s not uncommon to hear that someone gets left the family farm allegedly based on a promise to keep farming the land or to keep the farm in the family.  What if the devisee never follows through on that promise and once he receives the property, he quickly sells it?  In Johnson v. Burrell, the Georgia Supreme Court considered claims that a devisee of a pecan farm made false statements to the testator, upon which the testator relied in making a will.

In a new will, Hubert Johnson devised a 350 acre pecan farm to Donna Ellis Burrell.  A few weeks after executing the will, Hubert died.  Two of Hubert’s kin filed caveats alleging that Donna executed undue influence over Hubert and that she procured the execution of the will through fraud or misrepresentation.  In Georgia, a

Estate Planning Article: Sow Estate Planning Ideas for Farmers and Ranch Owners

December 4, 2013

Categories

Irvine Partner, Renee Gabbard, published an article entitled “Sow Estate Planning Ideas for Farmers and Ranch Owners” in the December 2013 issue of “Estate Planning”.

With wealth often concentrated in a low-basis illiquid asset, farmers may benefit from a contrarian analysis of certain common estate planning strategies.

Renee Gabbard and Stephen Daiker Named Five Star Estate Planning Attorneys

Irvine Parter, Renee Gabbard, and St. Louis Partner, Stephen Daiker, were both recognized as 2014 Five Star Estate Planning Attorneys.

To receive the award, an estate planning attorney must satisfy 10 objective eligibility and evaluation criteria that are associated with estate planning attorneys who provide quality services to their clients. Five Star Professional conducts market-specific research throughout the U.S. and Canada to identify reputable and trustworthy service professionals.

Congratulations to Renee Gabbard and Stephen Daiker!

The attorneys of Bryan Cave LLP make this site available to you only for the educational purposes of imparting general information and a general understanding of the law. This site does not offer specific legal advice. Your use of this site does not create an attorney-client relationship between you and Bryan Cave LLP or any of its attorneys. Do not use this site as a substitute for specific legal advice from a licensed attorney. Much of the information on this site is based upon preliminary discussions in the absence of definitive advice or policy statements and therefore may change as soon as more definitive advice is available. Please review our full disclaimer.