12 results for 'cat:"Real Estate" AND cat:"Trusts"'.
J. Jones finds the lower court erroneously granted the first wife's motion to transfer her a piece of real estate from the trust after the trustee's death. The court failed to determine whether notice in writing was the only method the second wife could use to properly revoke the original trust and implement an updated trust that named her as beneficiary. Therefore, the case will be remanded to determine whether a "writing" is the exclusive notice method for termination of the trust. Reversed.
Court: Colorado Court Of Appeals, Judge: Jones, Filed On: May 9, 2024, Case #: 2024COA51, Categories: real Estate, trusts, Wills / Probate
J. Nowell finds that the lower court improperly granted partial summary judgment to the trust in this family partnership dispute, regarding the heirs' claims "for judicial declarations that they are general partners" in the trust partnership. Accordingly, that part of the judgment must be remanded for further proceedings. The court also finds that the heirs failed to show "lost profit damages with reasonable certainty" and will vacate that paragraph of the final judgment. The judgment is otherwise modified and affirmed. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: February 9, 2024, Case #: 05-22-00445-CV, Categories: Civil Procedure, real Estate, trusts
J. Weisman partially grants a trust beneficiary’s motion to compel the production of documents by other trust beneficiaries — her siblings — regarding 19 law firms and businesses in which the trust’s deceased creator held his real estate investments. As laid out in the ruling in more detail, the court compels production of some documents related to these entities, but denies the beneficiary’s request for other documents.
Court: USDC Northern District of Illinois, Judge: Weisman, Filed On: November 29, 2023, Case #: 1:21cv5756, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: real Estate, trusts, Racketeering
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Per curiam, the Supreme Judicial Court of Massachusetts affirms the denial, without a hearing, of two trustees’ petition for extraordinary relief. They were previously told by a judge that in order to have a criminal warrant made against a man, who sued the trustees in a land court case and then refused to identify all real estate in which he holds an interest, the trustees need to provide a memorandum detailing the grounds and authority the court has to issue such a warrant, which the trustees have not done.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: November 6, 2023, Case #: SJC-13424, Categories: real Estate, trusts, Due Process
J. Wise finds that the lower court improperly ruled when denying the motion to add all siblings, who are all heirs, to an estate suit that was initially between three siblings. The remaining heirs have interests in the subject property and are "necessary parties" based on the relevant statute. Reversed.
Court: Alabama Supreme Court, Judge: Wise, Filed On: September 15, 2023, Case #: SC20230264, Categories: real Estate, trusts, Wills / Probate
J. Hicks affirms the denial of a trust’s motion for preliminary injunctive relief against a condominium, and that condominium’s dismissal of the trust’s motion. The trust wanted to prevent the condominium from incurring debt by purchasing land for additional parking spots but the condominium is allowed by the Condominium Act to purchase land.
Court: New Hampshire Supreme Court, Judge: Hicks, Filed On: August 3, 2023, Case #: 2021-0385, Categories: real Estate, trusts, Injunction
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