Fiduciary Law Update

Appeals court reverses $5 million surcharge against trustee of revocable trust A settlor established a revocable trust with his son as trustee, along with a pour-over will. Thereafter, the settlor invested $4 million in his son's company in exchange for stock that the settlor transferred to his trust. At the time of the settlor's death, the investment was essentially worthless and four of the settlor's

  • Appeals court reverses $5 million surcharge against trustee of revocable trust — A settlor established a revocable trust with his son as trustee, along with a pour-over will. Thereafter, the settlor invested $4 million in his son's company in exchange for stock that the settlor transferred to his trust. At the time of the settlor's death, the investment was essentially worthless and four of the settlor's other children sued the trustee (their brother) for breach of trust. T

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