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Personal Representative Did Not Breach Fiduciary Duty By Distributing Personal Property To Himself

March 14, 2014

Authors

Luke Lantta

Personal Representative Did Not Breach Fiduciary Duty By Distributing Personal Property To Himself

March 14, 2014

by: Luke Lantta

If you know that you have items of personal property with sentimental value, a little advanced planning on how those items will be divided upon your death may help avoid litigation.  There are a number of ways this can be done.  Drawing cards, a snake draft, blind drawings, auctions, and the “slice of cake” method are a few possibilities.  Just pick a method.  The Supreme Judicial Court of Maine‘s opinion in Estate of Ada Y. Greenblatt provides a good example of what might happen if you don’t – especially if your personal representative is one of the people who gets some of the property.

Ada Greenblatt’s will provided for a number of specific bequests and then provided that the remainder of her estate should be distributed to her brothers, sisters, and sister-in-law in equal shares, or if they are deceased, to their families, per

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Breach Of Fiduciary Duty Under Power Of Attorney

January 28, 2014

Authors

Luke Lantta

Breach Of Fiduciary Duty Under Power Of Attorney

January 28, 2014

by: Luke Lantta

One recent fiduciary litigation trend is the increase in litigation involving powers of attorney.  While some of these cases involve the abuse of a validity executed power of attorney, others involve issues in the procurement of the power of attorney, such as procurement through fraud, undue influence, or lack of capacity.  In Estate of Mary E. Hiller, the Supreme Judicial Court of Maine recently considered a probate court‘s decision involving procurement of a power of attorney and acts purportedly taken pursuant to that power of attorney.

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Spendthrift Provision Did Not Preclude Termination Of Trusts

February 2, 2012

Authors

Luke Lantta

Spendthrift Provision Did Not Preclude Termination Of Trusts

February 2, 2012

by: Luke Lantta

Trust termination can be a touchy subject.  Corporate fiduciaries usually get it, but courts and beneficiaries often don’t.  That is, courts and beneficiaries often don’t fully appreciate the deference that should be given the wishes of the grantor.  The grantor chose to have certain assets held in trust.  Therefore, you can’t just go and terminate a trust for no good reason.

In In re The Pike Family Trusts, the Supreme Judicial Court of Maine recently had occasion to consider whether a spendthrift provision prevented the termination of a trust.

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