Category Archives: trust

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

US Supreme Court Decides the Kaestner Trust Case in Favor of Taxpayer; States Can’t Tax Trusts Based Just on the Residence of the Beneficiary

North Carolina Department of Revenue v. Kimberly Rice Kaestner 1992 Family Trust was decided by the United States Supreme Court today, June 21, 2019 by ruling that if the beneficiary does not receive income from the Trust and the beneficiary cannot … Continue reading

Posted in Beneficiary, Due Process, Fiduciary Income Tax, Grantor Trust, income tax, Kaestner, Minnesota Supreme Court, Residence, Resident Trust, Supreme Court, tax, trust, Trust Income Tax, Trust Law, United States Supreme Court

Challenge Revocable Trusts with Undue Influence and Lack of Capacity

In the case of In the Matter of the Trust Created by Eileen Carlson Kasell dated September 10, 2013, as amended, filed November 13, 2018, A18-0340,  the mother created a revocable trust. The mother entered into an agreement that the trust … Continue reading

Posted in 501C.0601, Lack of Capacity, trust, Undue Influence

Significant Malpractice Case for Estate Planning Attorneys

Security Bank & Trust Co. v. Larkin, Hoffman, Daly, Lindgren Ltd., __ N.W.2d __ (Minn. 2018); File June 27, 2018, A16-1810. I reported this case when it was in the Court of Appeals. This Court reversed the Court of Appeals. … Continue reading

Posted in 524.1-201(8), 524.3-703(c), 524.3-803(a), 573.01, Claims, Malpractice, Personal Representative, probate, Some Damage, Standing, Statute of Limitations, trust, Uncategorized

2017-2018 Minnesota Case Law Update

The annual 2017 – 2018 Minnesota Case law update is located here at 2018 Minnesota Case Law Update.

Posted in Ante Nuptial, appeals, Attorney fees, attorney-client, Augmented Estate, Bond, case law, Case Law Update, Challenging Parentage, Children, Claims, Conservatorship, Election Against The Will, Elective Share, Equitable, Exempt Property, Financial Exploitation, Formal Probate, Good Faith Purchaser for value, Guardianship, Homestead Exemption, Informal Probate, Malpractice, Notice, Parentage, Personal Representative, Power of Attorney, Prince Estate, probate, Removal, Some Damage, Spousal Rights, Standing, Statute of Limitations, Strict Compliance, surcharge, trust, Uncategorized, Undue Influence, Vulnerable Adult

The attorney-client relationship dies with the client (attorneys can’t appeal for a dead client but the personal representative may be able to appeal).

Billy Richard Glaze v. State of Minnesota, ___ N.W.2d ___, (Minn. 2018); A16-2028, filed March 21, 2018. The client was convicted of first degree murder and second degree intentional murder during sexual assaults in 1989. In 2007 the client petitioned … Continue reading

Posted in appeals, attorney-client, case law, probate, trust

New Malpractice Analysis for Transactional Lawyers

Frederick v. Wallerich, ___ N.W.2d ___ (Minn. 2018). A lawyer wrote an ante nuptial agreement for a client that was not properly executed (it did not have two witnesses). About 1 year later that same lawyer wrote a will for … Continue reading

Posted in Ante Nuptial, Attorney fees, attorney-client, Malpractice, probate, Some Damage, trust, Uncategorized