161 results for 'cat:"Trusts"'.
J. Stegner finds that the trial court properly determined that a trust indenture was drafted in a way that allowed it to supersede the statute that requires court approval for a property sale that presents a clear conflict of interest. However, issues of fact about whether a trustee fulfilled his duties under the trust indenture should have precluded summary judgment. The trial court must determine if the trustee violated his fiduciary duty when he approved the sale of trust property to a corporation of which he was a member. Reversed.
Court: Idaho Supreme Court, Judge: Stegner, Filed On: June 27, 2023, Case #: 49189, Categories: Property, trusts, Fiduciary Duty
J. Aarons finds that the lower court properly declined to dismiss a petition seeking to fulfill a will's bequest. A trust provided a co-trustee power to name an organization to receive part or all of the trust, and while that provision was challenged upon her death, the trust clearly established the party to receive power of appointment and the method for carrying out such. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: June 22, 2023, Case #: 535115, Categories: trusts, Wills / Probate
J. Pena finds that the lower court properly entered judgment in favor of the co-trustees awarding more than $29 million in "profit disgorgement" in this lawsuit asserting claims for breach of trust and unjust enrichment. The evidence sufficiently shows that one of the co-trustees, the father, "intended to create an express trust and that he transferred the trust property" as trustee. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: June 15, 2023, Case #: 13-22-00029-CV, Categories: Evidence, trusts, Damages
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J. Toth finds the Board of Veterans Appeals properly denied the Army veteran entitlement to non-service-connected pension benefits. The veteran’s net worth, which includes a family trust, renders him ineligible. The Veterans Appeals Improvement and Modernization Act does not require the board to provide timely notice of the reasoning behind decisions effecting benefits. The board is also not required to obtain a legal expert to interpret complex documents such as the trust agreement. The secretary concedes errors in the trust valuation and the timing of the original filing and reopening of the claim as related to the implementation of the Act. Vacated and remanded.
Court: Court Of Appeals For Veterans Claims, Judge: Toth, Filed On: June 14, 2023, Case #: 20-3047, Categories: Pensions, trusts, Veterans
Per curiam, the Florida Sixth District Court of Appeals finds the trial court erred by granting homestead protection to the trust in a fraudulent transfer case. The trust does not own the property, so it was not entitled to a homestead defense. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: June 2, 2023, Case #: 6D23-198, Categories: Fraud, Property, trusts
J. Piersol grants an Idaho Housing and Finance Association motion to dismiss an individual's pro se complaint alleging that the association was attempting to deprive him of property to which they are not entitled by preventing him from assigning his property to his heirs in trust. The individual has presented an insufficient complaint in every respect to survive dismissal.
Court: USDC South Dakota, Judge: Piersol, Filed On: June 1, 2023, Case #: 4:23cv4036, NOS: Negotiable Instrument - Contract, Categories: Property, trusts
J. Crytzer partially grants the plaintiff company's motion for summary judgment in this lawsuit against a trust and trustee. Specifically, the motion is granted as to its fraudulent transfer claim, as the evidence sufficiently shows that the defendant trust "acted with actual intent to defraud creditors as a matter of law," in connection with a transfer of real property.
Court: USDC Eastern District of Tennessee , Judge: Crytzer, Filed On: June 1, 2023, Case #: 3:21cv49, NOS: All Other Real Property - Real Property, Categories: Fraud, Real Estate, trusts