He is instructed in a range of commercial disputes that include contractual disputes, directors /
trustees breach of fiduciary duties, minority shareholders, finance, and professional negligence.
Not exact matches
That the school's board
of trustees mismanaged the school's funds and committed «a
breach of fiduciary duty.»
Filed in May, the petition outlines their argument that
trustees who voted in favor
of tuition
breached their
fiduciary duty.
In the trust and estate litigation arena, he represents corporate
trustees, individual
trustees, personal representatives, and beneficiaries in disputes involving
breaches of fiduciary duty, dissipation
of trust or estate assets, and claims
of lack
of testamentary capacity, undue influence and fraud.
Tags: BC estate lawyer,
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Fiduciary Issues, Fiduciary Relationships, power of attorney, probate, Trustee Issues, Trustee Removal, trusts Posted in Executors & Fiduciaries, Techni
Fiduciary Issues,
Fiduciary Relationships, power of attorney, probate, Trustee Issues, Trustee Removal, trusts Posted in Executors & Fiduciaries, Techni
Fiduciary Relationships, power
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Trustee Issues,
Trustee Removal, trusts Posted in Executors &
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His trust and estate litigation practice includes representing corporate
trustees, individual
trustees, personal representatives and beneficiaries in disputes involving
breaches of fiduciary duty, dissipation
of trust or estate assets, and claims
of lack
of testamentary capacity, undue influence and fraud.
We represent general and limited partners, administrators, executors,
trustees, beneficiaries and other individuals and entities in will contests, actions for
breach of fiduciary duties, accountings and petitions for partition
of real property.
Representation
of trustees, executors, administrators, beneficiaries, and other individuals and entities in legacy disputes, will contests, action for
breach of fiduciary duties, and accountings.
When a beneficiary would be unreasonably disadvantaged not to be informed
of a trust's existence, the
trustee's
fiduciary duty includes an obligation to disclose the existence
of the trust, and where that prevented the beneficiary from making a claim within the prescribed notice period, the
duty was
breached.
Serving as primary counsel and obtaining a dismissal
of claims in a
breach of fiduciary duty matter against ERISA
fiduciaries and
trustees.
Michelle R. Rack brings her considerable litigation experience to the Firm to serve clients involved in disputes arising in the context
of contested wills and trusts and
breaches of fiduciary duty requiring the judicial removal
of executors and
trustees, as well as conservators and attorneys - in - fact engaging in financial exploitation
of vulnerable seniors.
Our litigators represent ESOP
trustees and plan sponsors in lawsuits for
breach of fiduciary duty or other violations
of ERISA.
We regularly advise clients in relation to loan / payment defaults, insolvencies, receiverships, fraud,
breach of fiduciary duties by directors and officers and
trustees, shareholder disputes, professional negligence claims, investment product «misselling» claims and the related regulatory / compliance investigation and employment disputes.
For example, Carrie has successfully represented the
trustees of two large Texas family trusts in multi-court litigation against allegations
of mismanagement,
breaches of fiduciary duty and civil RICO violations related to the sale
of a trust - owned corporation.
In addition, Carrie has defended
trustees against claims alleging
breach of fiduciary duties and other claims
of trust management.
In the recently released endorsement, In the Estate
of Norma Baer, the Court grappled with a contested passing
of accounts in the face
of an admitted
breach of fiduciary duty by the estate
trustees.
However, the court did accept that where
trustees were in
breach of their own
fiduciary duty, or there was a causative mistake
of «sufficient gravity», the
trustees may still seek to set aside the disposition.
Breach of fiduciary duty claims against executors and
trustees — acting for beneficiaries or co - executors / co-
trustees who have concerns regarding the administration
of an estate or trust, as well as defending executors and
trustees;
Representation
of the CEO
of one
of the country's largest management consultancies after the company's bankruptcy in
trustee - driven litigation seeking over $ 2 billion and alleging
breaches of fiduciary duty during the pre-bankruptcy sales process.
Can a trial judge assess over $ 85,000 in attorneys fees against beneficiaries for suing a
trustee who committed «numerous
breaches of his
fiduciary duty to the Trust»?
5th DCA: Can a trial judge assess over $ 85,000 in attorneys fees against beneficiaries for suing a
trustee who committed «numerous
breaches»
of fiduciary duty?
The appeal court held that because the Pitt and Futter
trustees had relied on professional advice in taking their actions, there was no
breach of fiduciary duty.
Obtained dismissal on summary judgment
of suit by beneficiary against bank
trustee for
breach of fiduciary duty and conflict
of interest arising from bank's loan
of $ 75 million to the corporation it controlled, as
trustee, for transactions the beneficiary claimed were imprudent
Our attorneys assist employers and plan
fiduciaries, including pension plan
trustees, in litigation matters, such as claims for plan benefits and claims for
breach of fiduciary duties.