A Rock & Roll Trust Gone Bad

There are times when you can’t “trust” the person you name as the trustee of your trust. As an example of what can happen when the trustee goes bad, take the current saga involving the trust of the late Leonard Cohen – one of the greatest singer-songwriters of all...

Trouble in Paradise

Whether you are the trustee, settlor, or beneficiary of a private trust, changing circumstances over the passage of time can present unforeseen challenges to the ultimate fulfillment of the purpose of the trust. Such challenges can, rightly or wrongly, place trustees...

PTC Caselaw Update: Kunasek v. Johnson

On September 22, 2022, the Court of Appeals of Arizona affirmed jury awards against Trustees (and also the trust Settlor and attorneys) for breach of fiduciary duty, which included compensatory damages in the amount of $10.5 million and punitive damages in the amount...

When Risk Becomes Reality for Trustees

Part I — When someone agrees to become the trustee of a trust, he or she will need to be aware of and plan for several risks, not only for themselves, but also for the beneficiaries and the trust itself. Even experienced trustees can be faced with stormy seas...

Estate Planning – Beyond the Basics

What is estate planning? Many people would say it is a plan to transfer assets from an owner to a beneficiary, usually family members or descendants. In the family context, parents usually want their assets to take care of each other, and then upon their death, to...