Wealth and Honor

Helping Families Navigate the Financial Challenges of Age Transitions

Category: Fiduciary Issues

Do you really want to be an executor?

You may find that you have been named as executor (executrix if you are female) of your parents’ will. After reading the duties below, you may not want the job. It is a tiring, time-consuming, and frequently a thankless responsibility that you may want to resign from– and certainly have the right to do so.… Read the rest

Not So Green Acres

In this episode of The Case Files, I profile a 2010 Texas case involving a daughter’s misappropriation of her deceased father’s trust funds as well as her aging mother’s personal assets. The characters from the 1960s sitcom Green Acres provide a little humor to an otherwise serious situation.… Read the rest

Former rugby star accuses brother of mismanaging family trust

In yet another case of family member trustees gone wrong, Former St George Illawarra Dragons star Mark Gasnier has accused his brother of taking funds from a family trust as part of a long-running dispute.

Mark Gasnier and his brother Dean, are co-trustees of a family trust apparently established by their parents.… Read the rest

Prior Correspondence: A Key Tool in Preparing Your Estate Dispute Case for Trial | Estate Conflicts

Attorney Brett Hebert, with the national law firm, Gordon Rees, recently wrote an article on the firm’s blog regarding the admissibility of certain correspondence in estate litigation cases.

A typical situation we see involves an elderly person who begins to show signs of losing mental capacity.

Read the rest

FL Supreme Court disbars lawyer for mismanagement of elderly client accounts.

In a case just decided by the Florida Supreme Court, attorney Dennis Horton was disbarred for mismanaging client funds. This case is profiled in a new episode of The Case Files.

Click here for a full text of the court’s decision.Read the rest

Brady Bunch Estate Planning: Balancing the Duty of Loyalty

It is a well established principle of trust law that trustees are fiduciaries who owe specific duties to the beneficiaries of a trust. These duties can be grouped into duties of loyalty and duties of care.

But what if a trust has beneficiaries with adverse interests to one another?… Read the rest

Attorneys Suspended for Mismanagement of Elderly Clients Money

In a case that speaks of the importance of choosing a qualified trustee who has proper internal controls and procedures, and who is governed by an appropriate regulatory body, The Ohio Supreme Court suspends two attorneys for one year after they negligently managed an elderly woman’s affairs.… Read the rest

Another Case of Sibling Rivalry

An Indiana Court of Appeals opinion underscores the importance of accountings in trust administration, but also raises questions about why families place siblings in adversarial positions to begin with.

According to an article posted by the Indianapolis law firm of Faebre Baker Daniels,  the original case involved three siblings, Scott, Jeff and Stacey – and arose after Scott and Jeff began to question some of Stacey’s actions as trustee of their respective trusts – specifically, her handling of the trusts’ joint ownership of multiple parcels of real property.… Read the rest

Did you sign up for this when you agreed to be trustee?

In the Matter of DREXEL ANDREW BRADSHAW, Attorney Drexel Andrew Bradshaw was charged with five counts of misconduct related to his position as the successor trustee of a client’s trust and his involvement with a construction company that repaired the client’s home.… Read the rest

The Case Files – Episode 1: “Fool me once, shame on you…”

Wealth and Honor is a website dedicated to helping families navigate the financial challenges of age transitions. The site now has a YouTube Channel to host “edutainment” videos featuring non-legal commentary on actual court cases involving will disputes, elder financial abuse, estate litigation, fiduciary liability, and other issues of aging, death, and wealth.… Read the rest

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