Fiduciary Litigation
Fiduciary litigation concerns disputes involving trusts and estates. Such disputes will require an attorney to resolve issues like will contests, disputed accountings, suits seeking the removal of the trustee or personal representative, and more. This could also include suits to enforce distributions from the trust or other matters related to the creation, interpretation, or enforcement of a will or trust.
Fiduciary Litigation Articles
We have published various articles on fiduciary litigation. Many of these articles were presented to continuing education courses for fellow lawyers in Annapolis, the state of Maryland and nationally and were current as of the date of presentation. This material is presented for general information purposes only and those with legal concerns are encouraged to seek competent legal representation.
Trust Litigation: The Enforcement of Beneficiary Rights
(Presented 2011 Maryland State Bar Association Continuing Education)
1. Introduction
2. Causes of Action
3. Right to Information
4. Distribution and Trustee Discretion
5. Trustee Investment Obligations
6. Extrinsic Evidence and the Terms of the Trust
7. Hearsay Rule
8. Dead Man’s Statute
9. Confidential Relationship
10. Attorney/Client Privilege
The “Terms of the Trust”: Extrinsic Evidence of Settlor Intent The Intersection of Planning and Litigation Highlighting Differences Among the Jurisdictions
(Presented 2012 American College of Trust and Estate Counsel – Regional Meeting)
1. Introduction
2. Extrinsic Evidence and the Terms of the Trust, the Plain Meaning Rule
3. Dead Man’s Statute
4. Conclusion
