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Constructive Trust
Constructive Trust Cartoons

Constructive Trust

Garrett v. Read, constructive trust, joint will, mutual will, scrivener.
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Stevens v. Casdorph
Stevens v. Casdorph
Decedent signature must be in presence of two competent witnesses, both of whom acknowledge decedent signature in presence of each other. Attesting witness.
In re Estate of Hall
In re Estate of Hall
Although will generally requires two attesting witnesses, document may be validated with clear and convincing evidence that decedent intended document to be his will. Notary public.
Asset Not Removed from Trust By Change In Title
Asset Not Removed from Trust By Change In Title
Heaps v. Heaps, conversion, laches. Trust assets.
Publicity Rights
Publicity Rights
Shaw Family Archives v. CMG Worldwide; Legislation enacted after decedent's death cannot increase the property that makes up estate; right of publicity.
Eccentricity Is Not Testamentary Incapacity
Eccentricity Is Not Testamentary Incapacity
Wilson v. Lane; Testamentary capacity; eccentricity or strange beliefs do not mean that a person is incapable of making a will, provided the person can form a rational desire regarding the disposition of his or her property; incapacity.
Witness Disqualification From a Will
Witness Disqualification From a Will
Estate of Morea; The requirement that a witness have nothing to gain by admission of the will to probate is met if the witness receives less from the will than he or she would receive if the will were not admitted to probate.
Deposits Paid on Death Are Testamentary
Deposits Paid on Death Are Testamentary
In re Estate of Atkinson; Deposits that are payable on the death of the depositor are testamentary and are included in a decedent's estate.
Trustee Duty To Diversify
Trustee Duty To Diversify
Wood v. U.S. Bank, N.A.; A trustee has a duty to diversify unless the trust contains specific language authorizing or directing the trustee to retain in a specific investment a larger percentage of trust assets than would otherwise be prudent.
Attorney Fees
Attorney Fees
Estate of Stevenson; estate administrator; contingency fee agreement; greedy lawyers.
Trust Transactions
Trust Transactions
Allard v. Pacific National Bank; A trustee must inform trust beneficiaries of all material facts for non-routine transactions that significantly affect the trust estate and the interests of the beneficiaries before the transactions take place.
IRA Beneficiary Designation
IRA Beneficiary Designation
Nunnenman v. Estate of Grubbs; a change in beneficiary can be accomplished in a will so long as the language of the will is sufficient to identify the account involved and an intent to change the beneficiary. designate beneficiary.
Revoke A Trust
Revoke A Trust
Patterson v. Patterson; a trust may be revoked either by complying with a method for revocation set out in the trust or by any method manifesting clear and convincing evidence of the settlor's intent.