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...

Hey Trustee, Is Your Financial Advisor a Fiduciary?

A fiduciary is a person, such as an attorney or trustee, who has a legal or ethical duty to act in the best interests of another person or group of persons.  For example, an attorney has a fiduciary duty to act in the best interests of the client, and the trustee has...