Trust Disputes

When a person wants to set aside money, real estate or other property or assets for the benefit of a family member, charity or other person or entity, he or she may create a trust. Trusts are used for many reasons, including tax planning, creditor protection, estate planning, and control of distribution. There are many types of trusts, including revocable trusts, irrevocable trusts, family trusts, inter vivos trusts, insurance trusts, and charitable trusts. Disputes often arise between beneficiaries and trustees or between different beneficiaries. The types of disputes vary, including complaints regarding investment choices, self-dealing by the trustee, inadequate generation of income, preferential treatment of some beneficiaries over others, misappropriation of assets, mismanagement, fraud, poor tax planning and failure or refusal to account to trust beneficiaries. The lawyers at Gaslowitz Frankel LLC have years of experience representing trustees or beneficiaries when disputes arise.

Legal News & Firm Updates

✩ Gaslowitz Frankel wins $2 million verdict

Posted: March 4th, 2010 by Gaslowitz Frankel LLC

Gaslowitz Frankel won a jury verdict of nearly $2 million dollars, (including interest and and the return of attorney’s fees incurred by the Trust in defending the claim) in favor of their clients, members of the Candler family, after a six day jury trial in Fulton County, Georgia.  The case involved claims brought by Gaslowitz Frankel on behalf of the Plaintiffs, the grandchildren of Charles Howard “Buddy” Candler, III, against Defendant Reliance Trust Company as Trustee of the Claire Clement Candler Revocable Trust, Marital Trust “B” for breach of fiduciary duties.  Specifically, the Plaintiffs claimed that Reliance Trust Company authorized improper encroachments on the trust to the the detriment of the grandchildren, the remainder beneficiaries of the trust.  After a short deliberation, the jury returned their verdict in favor of the Plaintiffs in the amount of nearly $2 million. The case was tried by Craig Frankel with the assistance of Brian Deutsch.

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03-04-2009   PricewaterhouseCoopers, LLP v. Bassett - Trustee’s claim for negligent misrepresentation
05-23-2008   Rosado v. Rosado - Implied Trust
03-13-2008   In re: Accounting by Fleet Bank - Adopted child cannot share in a class gift to biological parent’s descendants (NY)
02-18-2008   Melican v. Parker - Who may file a caveat; capacity to make a will
01-24-2008   Estate of Christiansen v. Comm’r - Charitable lead trusts and disclaimers (U.S. Tax Court)
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