Suit Against Bank for Allowing Trust Amendments Dismissed
APRIL 17, 2006 VOLUME 13, NUMBER 42 June Miller once told the trust officer at her bank that she loved her son Warren Miller but that she didn’t like him very much. That might have been her motivation for making a number of changes to her estate plan in the last few years of her […]
Arizona Adopts New Uniform Trust Code Effective Next Year
OCTOBER 6, 2003 VOLUME 11, NUMBER 14 [NOTE: After this article was published and circulated, the Arizona legislature delayed the effective date of the Uniform Trust Code in Arizona for two years and then repealed the UTC altogether, and then re-adopted it in a significantly modified form. Readers need to check the current status of […]
Five Decades After Will Was Written Court Modifies Terms
SEPTEMBER 22, 2003 VOLUME 11, NUMBER 12 When Nathan Sanders died in 1955, his will created a “perpetual” trust for the benefit of three hospitals in Dayton, Ohio. The trust was to be managed by a bank (ultimately Bank One Trust Co.), and the income paid out annually. Forty percent of the income was to […]
Son Disinherited Because of Felony Despite Expungement
FEBRUARY 17, 2003 VOLUME 10, NUMBER 33 When William Garland, Jr., wrote his will, he was concerned about his son Richard Garland. Because he thought Richard had engaged in some irresponsible behavior in his teens, Mr. Garland directed that Richard’s share of his estate would be held in trust. The terms of the trust directed […]
Court Looks To Exact Words Of Trust To Settle Trustee Dispute
JANUARY 20, 2003 VOLUME 10, NUMBER 29 The Montana Supreme court has words to the wise for drafting and following a trust’s terms in upholding a lower court denial of a request to remove a corporate trustee. In the Matter of the Estate of Mildred I. Berthot, December 5, 2002. The Berthot case demonstrates the […]
Guardian Ad Litem Appointed For Incapacitated Litigant
MAY 13, 2002 VOLUME 9, NUMBER 46 Ralph Blakely, Jr., signed himself in to a mental health treatment facility for the first time in 1972. Despite treatment he received from time to time over the next quarter century, he continued to suffer from delusions, hallucinations and impaired memory. Mr. Blakely married in 1973. He and […]
