Fiduciary Duties of Trustees in Florida
In Florida, fiduciary duty refers to the highest standard of care one party can owe to another, arising when a person or entity is entrusted with the responsibility to act […]
TRENDING TOPICS
Restatement of Trusts – Discretion
The Restatement Third of Trusts provides that a transaction that is consistent with the beneficial interests of the beneficiary or beneficiaries in question, such as by making a no-or low-interest […]
IRA Custodian Accounts
US Retirement Assets Total $40.0 Trillion in Quarter 2024.[1] US IRA assets total $14.5 trillion, representing over a third (1/3) of US retirement assets.[2] Over 55.5 million US households, or […]
Credit Shelter Trusts
For larger marital estates that exceed the exempt amount provided by law, an estate planner typically drafts a Credit Shelter Trust. Credit Shelter Trusts are particularly useful in that they […]
Litigation Team Celebrates Three Trial Wins in a Four-Month Period
Miami, Florida (Summer, 2018) — In addition to the jury trial won by the Trembly Law litigation team in April of 2018 before Judge Rodney Smith in Miami-Dade Circuit Court, […]
Fred’s Tire v Comp Source
In a recent opinion in Oklahoma, the District Court found that CompSource Mutual Insurance Company owes fiduciary duties to its insureds. This ruling may have wide arching ramifications for CompSource […]
Summary of the Benton Trust Judgment
The Benton Trust Judgment Background The case revolves around the administration of the Benton Trust, established to manage the legacy of renowned American artist Thomas Hart Benton. The Plaintiffs, Benton’s […]
The Uniform Prudent Investor Act: A Default Rule for Fiduciaries Managing Trust Portfolios
The Uniform Prudent Investor Act (UPIA) constitutes a pivotal evolution in fiduciary investment practices as provided within the Restatement (Third) of Trusts (1992) and adopted by the National Conference of […]
Forms of trusts
I. Express Trusts – (Written Instrument Required) Express trusts, as they are known in English law, are trusts that are deliberately established by a settlor, as opposed to having been […]
IRA Accounts and Fiduciary Obligations
IRA custodians in the US serve a mass market of individual retirement account holders. According to the Investment Company Institute (“ICI”), traditional individual retirement accounts (IRAs) are a key component […]
The Trustee’s Asset Allocation of Marital Trusts and Conversion Avenues
Fiduciaries must choose among investments objectives that differ in their risk and return characteristics, with optimal investment risk and return choices that afford consideration to the income beneficiary’s interest in […]
Why Revocable Trusts May Offer Piece Of Mind In An Uncertain Banking Climate
In the wake of the collapse of Silicon Valley Bank, many depositors are now beginning to take a second look at their account holdings and designations in order to have […]
The Practical Uses Of Nonjudicial Settlement Agreements In The Context Of A Trustee’s Duty To Diversify And Duty Of Impartiality
As early as 1957, a Harvard Law Journal article acknowledged a “widely recognized” need for periodically determining and protecting against trustee liability. Beginning in the late 1980s, work on the […]
Standard Customs, Practices, And Fiduciary Duties Of Corporate Trustees
Loyalty. The customs and practices of a corporate fiduciary require that it act with a duty of loyalty and in the best interests of the beneficiary. This fundamental tenet requires […]