Category Archives: Breach of Fiduciary Duty

Statute of Limitations Minn. Stat. §541.05, Subd. 1 does not begin to run until damages accrue; when damages accrue just got fuzzier.

Hansen v. U.S. Bank as Special Administrator and Personal Representative of the Estate of Robert J. Hansen, A17-1608, Filed September 25, 2019, __ N.W.2d __, (Minn. 2019); reversing the Court of Appeals (and District Court) decision filed July 2, 2018. … Continue reading

Posted in 541.05, Subd, 1, Beneficiary, Breach of Fiduciary Duty, Damages, Statute of Limitations, Supreme Court, toll, tolled

No liability for breach of duty that has no damages; attorney fees denied for acts by trustee that were a breach of duty; fees are proper for beneficiary when litigation benefits the trust.

In re the Trust of the Charles W.J. Curry Trust dated June 5, 1991 as amended, and In re the Trust of the Phyllis A. Curry Trust dated June 5, 1991 as amended, Filed June 24, 2019; A18-1653; A18-1656; (Minn.App. … Continue reading

Posted in Attorney fees, Beneficiary, Breach of Fiduciary Duty, case law, Case Law Update, Challenge a Will, Damages, trust, Trust Law

Trustee Attorney Fees are Properly Paid from the Trust under Minn. Stat. Sec. 501C.0709, 1004; Breach of Fiduciary Duty Claims Require Proof of All Elements; Removal of Trustee Under 501C.0706 Reviewed

The Court of Appeals issued the long awaited Lund appeal which addressed several issues but this review only touches on 3 issues. The first issue is the right of a trustee to have its attorney fees paid from the trust. The … Continue reading

Posted in 501C.0706, 501C.0709, 501C.1004, Attorney fees, Breach of Fiduciary Duty, Uncategorized