Managing fiduciary liability / Richard M. Horwood, Esq. (Horwood Marcus & Berk, Chartered, Chicago, Illinois), Lauren J. Wolven, J.D. (Levenfeld Pearlstein, LLC, Chicago, Illinois), Jeffrey A. Zaluda, Esq. (Horwood Marcus & Berk, Chartered, Chicago, Illinois)
eBook/eTreatise | Tax Management | 2017
Arlington, VA : Tax Management, -
1 online resource
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"Integrating and revising in part, 853 T.M., Fiduciary Liability of Trustees and Personal Representatives, by Charles E. Rounds, Jr., Professor of Law, Suffolk University Law School, Boston, Massachusetts."
" ... discusses the increasingly risky business of serving as trustee or personal representative. Fiduciary litigation is on the rise as beneficiaries discover they, like the rest of society, may seek redress in the courts for actual or perceived wrongs. Fiduciaries have a duty of loyalty, a duty to invest reasonably, and a duty to diversify, among others. These so-called internal duties are owed to those possessing the equitable or beneficial interests in the trust property or in the probate estate, as the case may be. A trustee or personal representative also may be subject to liability to third parties for contracts made and torts committed while in office, and to the state for running afoul of its tax, securities, and banking laws. This Portfolio provides an overview on fiduciary duties, together with strategies to avoid and, if preventive measures fail, to prepare for litigation."
Detailed analysis. Introduction -- The state of the law -- Duty of investment -- Duty of Loyalty -- Duty of impartiality -- Other duties -- External liabilities of fiduciaries -- Remedies -- Defenses -- Risk management -- Court actions to avoid lawsuits -- Working papers.
Merger of: Fiduciary liability of trustees and personal representatives, and: Managing litigation risks of fiduciaries.
Description based on contents viewed on October 23, 2017; title from description page.
Horwood, Richard M. Managing litigation risks of fiduciaries. Arlington, VA : Tax Management, [©2006]- (OCoLC)76955916
Rounds, Charles E., 1946- Fiduciary liability of trustees and personal representatives. Arlington, VA : Tax Management, [©2003]- (OCoLC)60422935
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