Archive for the ‘Trustee disputes’ Category

Discovery of an attorney for property’s action in a will contest case

Thursday, April 21st, 2011

In Papak v. Papak, the deceased had executed a will in 2002 leaving everything to the defendants.  In 2006 the deceased executed a new will leaving everything to his sister in law that cared for him.  The plaintiff refused to answer questions in discovery relating to her actions as power ...

In the case of discretion, absolute is not absolute.

Thursday, February 24th, 2011

It is trite to say that once a trustee is appointed and accepts the office, s/he becomes subject to the duties and powers of that office.  A trustee’s liability, in the event that he is found to have breached his/her duties, or exceeded his/her powers, is personal.  A trustee’s risk ...