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Not All Uniform Trust Code States Are Created Equal

July 15, 2014

Authors

Luke Lantta

Not All Uniform Trust Code States Are Created Equal

July 15, 2014

by: Luke Lantta

Even if a state has ‘adopted’ the Uniform Trust Code, you still need to compare the actual UTC language against the language in that state’s ‘uniform’ trust code – including definitions.  The United States Tenth Circuit Court of Appeals’ decision in Kastner v. Intrust Bank draws our attention to how Kansas – a UTC state – has departed from the UTC’s definition of “qualified beneficiary,” which had major consequences for a beneficiary of a trust.

Jessie I. Brooks executed a revocable trust that provided distributions would be made to Ms. Brooks during her lifetime and, upon her death, continued for the benefit of her daughter, Nola Mae Wills.  The trust also provided that the remainder of the trust’s assets, if any, would be distributed to Ms. Brooks’ grandson, Kristofer Thomas Kastner, upon the death of his

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Kansas Courts Decline To Exercise Jurisdiction In Trust Litigation

December 19, 2013

Authors

Luke Lantta

Kansas Courts Decline To Exercise Jurisdiction In Trust Litigation

December 19, 2013

by: Luke Lantta

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?

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A Cautionary Tale About Trustees Picking Sides Between Beneficiaries

February 7, 2013

Authors

Luke Lantta

A Cautionary Tale About Trustees Picking Sides Between Beneficiaries

February 7, 2013

by: Luke Lantta

When trust beneficiaries fight, the trustee usually ends up stuck in the middle.  The trustee is often then forced into taking a position in the dispute.  Not surprisingly, judges tend to be very interested in what the trustee thinks, especially if the trustee is a corporate fiduciary.  Chances are that the trustee’s position in the litigation is aligned with one set of beneficiaries but is adverse to the positions being advocated by another set of beneficiaries.  So, how far can or should a trustee force the issue of upholding the settlor’s intent as expressed in the trust instrument?  In Shelton v. Tamposi, the Supreme Court of New Hampshire gives us some thoughts under the Uniform Trust Code in a case involving an in terrorem clause, and the court suggests that there is a bright line the trustee shouldn’t cross.

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