• What Is a Trustee's Fiduciary Duty? : Legal Advice

    Subscribe Now: http://www.youtube.com/subscription_center?add_user=Ehowfinance Watch More: http://www.youtube.com/Ehowfinance A trustee's fiduciary duty goes back to the common law that came over with the Mayflower. Find out about a trustee's fiduciary duty with help from a real estate expert in this free video clip. Expert: Steve Tracy Bio: Steve Tracy has been practicing law for 20 years, is licensed for law in 4 states, and is a Real Estate expert. Filmmaker: William Watters Series Description: The world of the law is a complicated one, which is why it's always important to both consult professionals and do as much research as possible if you have any questions. Get legal advice on a variety of topics with help from a real estate expert in this free video series.

    published: 03 Dec 2012
  • BaskinFleece: Fiduciary Duty of a Trustee

    Jay Fleece of BaskinFleece, discusses the fiduciary duty of a Trustee and the pitfalls of being a Trustee if the inform and accounting duties are not properly reported. BaskinFleece: (727) 572.4545 BaskinFleece primarily deals with controversies involving estates, trusts, wills and guardianships. Issues dealing with the validity of wills and trusts, breach of fiduciary duty, lack of capacity, spousal rights, creditors' rights and anything related to wills, trusts and guardianships are routinely dealt with. The vast experience in dealing with and resolving these specific issues has given the firm a wealth of knowledge -- which other less involved firms may not have. It is that knowledge base that sets BaskinFleece apart from the other firms and attorneys practicing in this area of the la...

    published: 10 May 2012
  • What is Fiduciary Litigation? Answered as a Short Story

    In this 4-minute funny cartoon video, Gaslowitz Frankel LLC http://www.GaslowitzFrankel.com explains the meaning of the services it provides and how it is valuable to you. Read the full script below: Most of us own things like cars, houses, stock, as well as life insurance or retirement accounts. They are referred to as assets. When we pass away, these assets are known as our estate. Usually, people choose to leave their estate to family and friends. To identify who gets what, they write wills or create trusts. Whoever gets a share of an estate or trust is called a beneficiary. The person appointed to transfer an estate or trust to the beneficiaries is called an executor or a trustee. Meet Nancy Smith and her brothers, John and David. After their mom passed away, Nancy and John helped...

    published: 20 Jun 2014
  • When Must the Trustee Provide an Accounting?

    Fundamental to trust law, a trustee is always under a duty to give information to a beneficiary. Most states have enacted statutes specifically dealing with this duty to account. In Florida Fla. Stat. 736.0813 provides that a trustee shall provide a trust accounting to the trust beneficiaries at least annually and on the termination of the trust. This accounting is the primary method a beneficiary can hold a trustee accountable. Without an accounting, a beneficiary is virtually powerless and at the mercy of the trustee. Many have asked the question -- exactly when is the accounting due? While none of the trust statutes specify a specific time frame when the accounting is due once a year has elapsed, common sense would suggest that a trustee has a reasonable amount of time to provide...

    published: 26 Aug 2014
  • Breach of Fiduciary Duties by a Florida Trustee

    A breach of the fiduciary duty by a Florida trustee is a very serious accusation. In Florida trust law, we call it a breach of trust. It’s the same thing. What it means is that a Florida trustee was not living up to its standard. Some important points about that; one, if you’re a Florida trustee, you may be breaching your fiduciary duties without even knowing it. That’s why we suggest that all Florida trustees retain an experienced Florida lawyer who handles trust litigation or trust law suits. It doesn’t matter who you get, as long as they’re experienced and they understand Florida trust law. Why? Because if you’re a Florida trustee and you’ve breached your fiduciary duty, you could be removed. You could also, personally, be responsible for paying damages. You could also, personally, be r...

    published: 05 Sep 2014
  • What is FIDUCIARY? FIDUCIARY meaning - FIDUCIARY definition - How to pronounce FIDUCIARY

    What is FIDUCIARY? FIDUCIARY meaning - FIDUCIARY pronunciation - FIDUCIARY definition - FIDUCIARY explanation - How to pronounce FIDUCIARY? Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other asset for another person. One party, for example a corporate trust company or the trust department of a bank, acts in a fiduciary capacity to the other one, who for example has entrusted funds to the fiduciary for safekeeping or investment. Likewise, asset managers—including managers of pension plans, endowments and other tax-exempt assets—are considered f...

    published: 03 Oct 2016
  • How Much Can a Trustee, Executor, and Power of Attorney Be Paid?

    An Executor of an Estate and a Trustee of a Trust can be paid for their time and services under New Jersey law, with conditions. In this interesting and informative video, Fredrick P. Niemann of Hanlon Niemann, a New Jersey Probate, Trust and Estate Administration law firm discusses the laws which authorize the payment of commissions on principal and income to fiduciaries. If you are serving as an Executor, Trustee or personal representative and would like to learn more about the laws governing the payment of commissions and compensation, do not miss this video. Beneficiaries concerned about an executor, trustee or fiduciary being overpaid will learn a lot from this video as well. When you're finished, please visit us at www.hnlawfirm.com and contact Fred toll-free at (855) 376-5291 o...

    published: 28 Aug 2013
  • Equity & Trusts - Three Certainties: Objects

    Certainty of objects is more about the people who are the beneficiaries of a trust instrument rather than the physical objects that make up a trust. We have to examine the different types of trust: Fixed trusts are simple because they clearly identify the beneficiaries. Fiduciary mere powers give trustees a power without the obligation to actually use that power. As far as the certainty of objects is concerned we have the is or is not test from Re Gulbenkian [1968] but this raises problems around a small percentage of postulants where there is uncertainty. Lord Browne-Wilkinson attempted to resolve this in Re. Barlow [1979] by seeing the benefits as a series of identical, individual gifts. Discretionary trusts are not truly discretionary as they require a trustee to exercise their powe...

    published: 18 Feb 2017
  • When Can A Beneficiary Compel An Accounting From An Executor, Trustee Or Administrator?

    Estate and trust accountings are tedious, time consuming and expensive. New Jersey law does not require that personal representatives (executors, trustees and powers of attorney) prepare a formal accounting as part of their fiduciary obligations to their principal. In this video Fredrick P. Niemann, Esq. of Hanlon Niemann explains the difference between a formal vs. informal accounting and when a fiduciary can and cannot be compelled to render a formal accounting. A must watch for executors, administrators, guardians, trustees and all personal representatives responsible for the financial affairs of an incapacitated person, or the probate of an estate under administration.

    published: 30 May 2014
  • Introduction to Trusts Law

    At their heart trusts are simply a way of more than one person owning property. It has been suggested that they originate from knights who went on crusades in the 12th century. Within a trust there is a settlor who commences the trust and originally has absolute ownership. Ownership then splits between a trustee who takes legal title and a beneficiary who takes an equitable interest. There are three different types of trust: express, resulting and constructive trusts. Express trusts are set out in agreements. Resulting trusts are implied by the court where either the beneficiaries are not clearly defined by an agreement or where a contribution has been made towards the purchase price of property. Constructive trusts exist in order to prevent wrongdoing and abuse of the fiduciary duty. ...

    published: 09 Oct 2016
  • How Graham got fiduciary management right

    A story about Graham the pension fund trustee, and how he got fiduciary management right. Go to https://www.lcp.uk.com/fiduciarymanagementoversight for more on LCP's approach to fiduciary management.

    published: 26 May 2016
  • Ethics Defined: Fiduciary Duty

    A Fiduciary Duty is a legal obligation to act in the best interest of another rather than one’s self. This video is part of Ethics Defined, an animated library of more than 50 ethics terms and concepts from Ethics Unwrapped. For free videos and teaching resources on ethics and leadership, visit http://ethicsunwrapped.utexas.edu/ Ethics Unwrapped is a free online educational program produced by The University of Texas at Austin. It offers an innovative approach to introducing complex ethics topics that is accessible to both students and instructors. For more videos, case studies, and teaching materials, visit http://ethicsunwrapped.utexas.edu/ A complete playlist of Ethics Unwrapped videos available on YouTube may be found at: http://bit.ly/2lzF71u © 2017 The University of Texas at ...

    published: 20 Feb 2017
  • Myth 5 - Fiduciary management requires MORE trustee time

    published: 29 Sep 2014
  • The Fiduciary Responsibilities of an Emeritus Trustee

    Tom Hyatt, senior fellow at the Association of Governing Boards, explains the fiduciary obligations of non-voting, emeritus trustees.

    published: 06 Apr 2014
  • Fiduciary Duties of a Co-Trustee

    The fiduciary duties of a Florida co-trustee are the same duties as a regular Florida trustee, but there are a few things that you need to be aware about. First of all, you should understand that you can’t put your head in the sand like an ostrich, you need to know what your co-trustee is doing, you have to evaluate the co-trustee and if they are doing something wrong, you have an obligation to either express your dissent in writing, sue that co-trustee if something is egregious, or tell your trust beneficiaries. You can’t stand silent if you see your co-trustees doing something wrong. You also have a responsibility to act in good faith and co-operate with your co-trustee. Now, if your co-trustee with your step-mum, in-law, an outlaw, a misfit, or a mistress, and you don’t get along with t...

    published: 05 Sep 2014
  • Trustee Fiduciary Duties

    published: 05 Dec 2013
  • Smarter in :90 - Choosing a Fiduciary and Trustee

    The person who will administer your estate plan is a crucial decision. It's a large responsibility and can sometimes cause unnecessary tension in families. Learn how to pick a fiduciary and trustee who will help keep your family intact. Learn more at ubt.com/estate.

    published: 15 Oct 2014
  • FAX TO FIDUCIARY TRUSTEE JUSTICE DARRELL J BLAIS

    FILE-TK/No. 101286029P1-01-001. Darrell J. Blais, Justice of the Peace Appointed as Fiduciary Trustee for FILE-TK/No. 101286029P1-01-001. U.N.D.R.I.P. - United Nations Declaration on the Rights of Indigenous Peoples Articles: 3,8,28, 37:Chief:Nanya-Shaabu:El(R)(c) TM- http://sites.google.com/site/ atsikhatanationy :At-sik-hata :Nation of :Yamassee-Moors - http://sites.google.com/site/ authenticexport/atsikhata-1 - FOR THE CLAIM OF THE :ATLAN( :UTLA / :HEXIAN :MUU-LAN/:AMEXEM)

    published: 30 Jan 2012
  • Breach of Fiduciary Duty

    To learn more about breach of fiduciary duty visit http://www.lawinfo.com/fiduciary-relationship.html

    published: 12 Aug 2013
  • Who Is A Trustee?

    Trustees manage finances and property, definition of trustee person or organization (such as a trust company) named in agreement by the trustor court (the first party) trusted third party to 6 may 2017 is fiduciary who manages property assets placed. Our guide to being a trustee acting as. An individual, bank, or other financial institution can serve trustee definition, a person, usually one of body persons, appointed to administer lang then went lawyer, who said he could not summon understanding the duties and responsibilities what you will need married couples set up trust together are co grantors their find out being means, how tell if it's right for. Bifurcation is the granting of property to some intermediate party who holds for trustees have important duties perform, and although man...

    published: 23 Jul 2017
  • LA Probate Law Discusses Trustee and Fiduciary.wmv

    LA Probate Law published by Schomer Law is your best resource for information on Probate Law in LA. Http://laprobatelaw.com

    published: 23 Mar 2012
  • Your Trust Fiduciary/Trustee—-Friend or Foe??

    Mark Nacol discusses wills and trusts.

    published: 14 Jul 2009
  • Keith Eckel clarifies to whom a trustee owes fiduciary responsibility

    published: 30 Oct 2014
  • How Do I Remove a Trustee?

    How do you remove a trustee in a Florida trust lawsuit? If you are the beneficiary of a Florida trust and you don’t like your Florida trustee, you can remove the trustee by filing a trust action. Why? Because that’s what the Florida trust code says. That governs beneficiary rights to Florida trusts. You actually have to file a lawsuit. You go down to the clerk’s office, you pay the filing fee, you bring a lawsuit, but here are some important points about removing a Florida trustee, you have to demonstrate that the Florida trustee is either unfit or intervening in the efficient administration of the trust, they are doing something wrong. One of the biggest misperceptions or misconceptions by trust beneficiaries regarding Florida trustees is they think they can remove a Florida trustee just ...

    published: 05 Sep 2014
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What Is a Trustee's Fiduciary Duty? : Legal Advice

What Is a Trustee's Fiduciary Duty? : Legal Advice

  • Order:
  • Duration: 2:55
  • Updated: 03 Dec 2012
  • views: 3623
videos
Subscribe Now: http://www.youtube.com/subscription_center?add_user=Ehowfinance Watch More: http://www.youtube.com/Ehowfinance A trustee's fiduciary duty goes back to the common law that came over with the Mayflower. Find out about a trustee's fiduciary duty with help from a real estate expert in this free video clip. Expert: Steve Tracy Bio: Steve Tracy has been practicing law for 20 years, is licensed for law in 4 states, and is a Real Estate expert. Filmmaker: William Watters Series Description: The world of the law is a complicated one, which is why it's always important to both consult professionals and do as much research as possible if you have any questions. Get legal advice on a variety of topics with help from a real estate expert in this free video series.
https://wn.com/What_Is_A_Trustee's_Fiduciary_Duty_Legal_Advice
BaskinFleece: Fiduciary Duty of a Trustee

BaskinFleece: Fiduciary Duty of a Trustee

  • Order:
  • Duration: 2:52
  • Updated: 10 May 2012
  • views: 745
videos
Jay Fleece of BaskinFleece, discusses the fiduciary duty of a Trustee and the pitfalls of being a Trustee if the inform and accounting duties are not properly reported. BaskinFleece: (727) 572.4545 BaskinFleece primarily deals with controversies involving estates, trusts, wills and guardianships. Issues dealing with the validity of wills and trusts, breach of fiduciary duty, lack of capacity, spousal rights, creditors' rights and anything related to wills, trusts and guardianships are routinely dealt with. The vast experience in dealing with and resolving these specific issues has given the firm a wealth of knowledge -- which other less involved firms may not have. It is that knowledge base that sets BaskinFleece apart from the other firms and attorneys practicing in this area of the law. BaskinFleece is a law firm centrally located in mid-Pinellas County, just minutes from the courthouses in St. Petersburg, Clearwater and Tampa. The firm's geographic practice however, encompasses all of the west coast of Florida and if necessary anywhere in the United States. BaskinFleece handles cases from the pre-suit stages including mediation all the way through trial, both jury and non-jury and even at the appellate level, if necessary. The main focus of the firm in dealing with all controversies is the client. Cost, emotional impact and timeliness are all important to the client and the firm strives for an end result which leaves the client feeling that justice was accomplished.
https://wn.com/Baskinfleece_Fiduciary_Duty_Of_A_Trustee
What is Fiduciary Litigation? Answered as a Short Story

What is Fiduciary Litigation? Answered as a Short Story

  • Order:
  • Duration: 3:59
  • Updated: 20 Jun 2014
  • views: 4994
videos
In this 4-minute funny cartoon video, Gaslowitz Frankel LLC http://www.GaslowitzFrankel.com explains the meaning of the services it provides and how it is valuable to you. Read the full script below: Most of us own things like cars, houses, stock, as well as life insurance or retirement accounts. They are referred to as assets. When we pass away, these assets are known as our estate. Usually, people choose to leave their estate to family and friends. To identify who gets what, they write wills or create trusts. Whoever gets a share of an estate or trust is called a beneficiary. The person appointed to transfer an estate or trust to the beneficiaries is called an executor or a trustee. Meet Nancy Smith and her brothers, John and David. After their mom passed away, Nancy and John helped take care of their elderly father as much as they could. They both lived out of town and had families and full-time jobs. David was single and lived close to their Dad. He did not have a stable job, so Dad helped support him and pay his bills. With age, Dad's memory got worse and he began to rely on David more and more. Eventually, David got their father to sign a power of attorney, which enabled him to authorize Dad's checks and even transfer some of his assets. After Dad died, it turned out that David was named the Executor of the will, so he was responsible for collecting all of Dad's property and distributing his estate to all the beneficiaries. When Nancy and John asked David what was in the estate, he just ignored them. Eventually, David became impossible to communicate with. Though the will appeared to leave the estate to the three of them equally, David said there were almost no assets left at the time of Dad's death. Now, Nancy and John were not only grieving the loss of their father -- they were also alarmed by their brother's secretive behavior. After talking to a friend, Nancy discovered that there was a litigation law firm called Gaslowitz Frankel LLC that specialized in helping people protect their inheritance rights. John's company lawyer mentioned the same law firm as being one of the country's best at solving estate and trust litigation problems. A quick Internet search revealed that Gaslowitz Frankel LLC was selected a Best Law Firm in Georgia in Trust and Estate Litigation, and Adam Gaslowitz and Craig Frankel have been widely recognized by their peers and the media as leaders in trust and estate litigation. Adam Gaslowitz also was listed in the Guide to the World's Leading Trust and Estate Litigators. For over 25 years attorneys at Gaslowitz Frankel LLC have specialized in a very unique area of law -- fiduciary litigation: will, estate, and trust disputes. Nancy and John realized that to have the law work for them, they needed a lawyer who specialized in fiduciary litigation. They called Gaslowitz Frankel LLC and shared their problem with an attorney who listened and understood. They learned that David had a fiduciary duty, a legal responsibility, to them, and that there were laws to protect their inheritance rights. Hiring Gaslowitz Frankel LLC gave them peace of mind and confidence that the best attorneys were protecting their rights. David was forced to account for all of the assets in Dad's estate, though he had already spent some of them. He was also removed as Executor to prevent further losses, and remaining assets were distributed appropriately. While happy with the outcome, Nancy and John regretted not hiring Gaslowitz Frankel LLC sooner, before David had the chance to take advantage of their father. If you ever have a dispute over a will or trust, either as an executor, trustee, or beneficiary, become involved in a contested guardianship or conservatorship, discover an abuse of a power of attorney, or face a business or financial dispute among partners, shareholders, or investors, call Gaslowitz Frankel LLC at 404-892-9797. The sooner you act, the better! For more information visit: www.GaslowitzFrankel.com twitter.com/EstateDispute facebook.com/EstateDispute
https://wn.com/What_Is_Fiduciary_Litigation_Answered_As_A_Short_Story
When Must the Trustee Provide an Accounting?

When Must the Trustee Provide an Accounting?

  • Order:
  • Duration: 3:01
  • Updated: 26 Aug 2014
  • views: 1561
videos
Fundamental to trust law, a trustee is always under a duty to give information to a beneficiary. Most states have enacted statutes specifically dealing with this duty to account. In Florida Fla. Stat. 736.0813 provides that a trustee shall provide a trust accounting to the trust beneficiaries at least annually and on the termination of the trust. This accounting is the primary method a beneficiary can hold a trustee accountable. Without an accounting, a beneficiary is virtually powerless and at the mercy of the trustee. Many have asked the question -- exactly when is the accounting due? While none of the trust statutes specify a specific time frame when the accounting is due once a year has elapsed, common sense would suggest that a trustee has a reasonable amount of time to provide the accounting. What is a reasonable amount of time? In my opinion a reasonable amount of time would approximately 60 days from the close of the accounting period. This provides the trustee sufficient time to gather up the final month’s information and assemble the actual trust accounting. What if the trustee does not provide the trust accounting? I would suggest that you write to the trustee shortly after the accounting period is up to request an accounting. If the trustee fails or refuses to provide an accounting, you may be justified in arguing that the trustee has committed a breach of fiduciary duty and even a fraud and should at the very least, be removed for intentionally refusing to provide the accounting. If the accounting is not forthcoming a beneficiary can compel the accounting by filing a law suit for an accounting. I strongly urge trust beneficiaries to be vigilant in monitoring the trustee and making sure a timely accounting is provided. For more information about trusts, please contact BaskinFleece at 727.572.4545.
https://wn.com/When_Must_The_Trustee_Provide_An_Accounting
Breach of Fiduciary Duties by a Florida Trustee

Breach of Fiduciary Duties by a Florida Trustee

  • Order:
  • Duration: 0:54
  • Updated: 05 Sep 2014
  • views: 280
videos
A breach of the fiduciary duty by a Florida trustee is a very serious accusation. In Florida trust law, we call it a breach of trust. It’s the same thing. What it means is that a Florida trustee was not living up to its standard. Some important points about that; one, if you’re a Florida trustee, you may be breaching your fiduciary duties without even knowing it. That’s why we suggest that all Florida trustees retain an experienced Florida lawyer who handles trust litigation or trust law suits. It doesn’t matter who you get, as long as they’re experienced and they understand Florida trust law. Why? Because if you’re a Florida trustee and you’ve breached your fiduciary duty, you could be removed. You could also, personally, be responsible for paying damages. You could also, personally, be responsible for paying your attorney’s fees and also the attorney’s fees from the other side.
https://wn.com/Breach_Of_Fiduciary_Duties_By_A_Florida_Trustee
What is FIDUCIARY? FIDUCIARY meaning - FIDUCIARY definition - How to pronounce FIDUCIARY

What is FIDUCIARY? FIDUCIARY meaning - FIDUCIARY definition - How to pronounce FIDUCIARY

  • Order:
  • Duration: 3:31
  • Updated: 03 Oct 2016
  • views: 2700
videos
What is FIDUCIARY? FIDUCIARY meaning - FIDUCIARY pronunciation - FIDUCIARY definition - FIDUCIARY explanation - How to pronounce FIDUCIARY? Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other asset for another person. One party, for example a corporate trust company or the trust department of a bank, acts in a fiduciary capacity to the other one, who for example has entrusted funds to the fiduciary for safekeeping or investment. Likewise, asset managers—including managers of pension plans, endowments and other tax-exempt assets—are considered fiduciaries under applicable statutes and laws. In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance, and trust in another whose aid, advice or protection is sought in some matter. In such a relation good conscience requires the fiduciary to act at all times for the sole benefit and interest of the one who trusts. A fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence. —?Lord Millett, Bristol and West Building Society v Mothew A fiduciary duty is the highest standard of care at either equity or law. A fiduciary (abbreviation fid) is expected to be extremely loyal to the person to whom he owes the duty (the "principal"): such that there must be no conflict of duty between fiduciary and principal, and the fiduciary must not profit from his position as a fiduciary (unless the principal consents). The nature of fiduciary obligations differ among jurisdictions. In Australia, only proscriptive or negative fiduciary obligations are recognised, whereas in Canada fiduciaries can come under both proscriptive and prescriptive (positive) fiduciary obligations. In English common law, the fiduciary relation is an important concept within a part of the legal system known as equity. In the United Kingdom, the Judicature Acts merged the courts of equity (historically based in England's Court of Chancery) with the courts of common law, and as a result the concept of fiduciary duty also became applicable in common law courts. When a fiduciary duty is imposed, equity requires a different, stricter, standard of behavior than the comparable tortious duty of care at common law. The fiduciary has a duty not to be in a situation where personal interests and fiduciary duty conflict, not to be in a situation where his fiduciary duty conflicts with another fiduciary duty, and a duty not to profit from his fiduciary position without knowledge and consent. A fiduciary ideally would not have a conflict of interest. It has been said that fiduciaries must conduct themselves "at a level higher than that trodden by the crowd" and that "he distinguishing or overriding duty of a fiduciary is the obligation of undivided loyalty".
https://wn.com/What_Is_Fiduciary_Fiduciary_Meaning_Fiduciary_Definition_How_To_Pronounce_Fiduciary
How Much Can a Trustee, Executor, and Power of Attorney Be Paid?

How Much Can a Trustee, Executor, and Power of Attorney Be Paid?

  • Order:
  • Duration: 3:57
  • Updated: 28 Aug 2013
  • views: 6436
videos
An Executor of an Estate and a Trustee of a Trust can be paid for their time and services under New Jersey law, with conditions. In this interesting and informative video, Fredrick P. Niemann of Hanlon Niemann, a New Jersey Probate, Trust and Estate Administration law firm discusses the laws which authorize the payment of commissions on principal and income to fiduciaries. If you are serving as an Executor, Trustee or personal representative and would like to learn more about the laws governing the payment of commissions and compensation, do not miss this video. Beneficiaries concerned about an executor, trustee or fiduciary being overpaid will learn a lot from this video as well. When you're finished, please visit us at www.hnlawfirm.com and contact Fred toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com. Hanlon Niemann is a New Jersey Probate and Estate Administration law firm located in Freehold Township, Monmouth County, NJ.
https://wn.com/How_Much_Can_A_Trustee,_Executor,_And_Power_Of_Attorney_Be_Paid
Equity & Trusts - Three Certainties: Objects

Equity & Trusts - Three Certainties: Objects

  • Order:
  • Duration: 12:25
  • Updated: 18 Feb 2017
  • views: 2451
videos
Certainty of objects is more about the people who are the beneficiaries of a trust instrument rather than the physical objects that make up a trust. We have to examine the different types of trust: Fixed trusts are simple because they clearly identify the beneficiaries. Fiduciary mere powers give trustees a power without the obligation to actually use that power. As far as the certainty of objects is concerned we have the is or is not test from Re Gulbenkian [1968] but this raises problems around a small percentage of postulants where there is uncertainty. Lord Browne-Wilkinson attempted to resolve this in Re. Barlow [1979] by seeing the benefits as a series of identical, individual gifts. Discretionary trusts are not truly discretionary as they require a trustee to exercise their power. McPhail v Doulton [1975] applied the is or is not test but in Re. Baden (No. 2) [1973] the justices attempted to resolve the uncertainty issue: Sachs LJ: Onus is on the apparent beneficiary Megaw LJ: Trust can still be valid with minor uncertainties Holders of personal powers are not subject to a fiduciary duty and so certainty of objects does not apply; Megarry VC in Re. Hay’s ST [1981]. There are some grey phrases and areas of language worth examining closely: 'Friends' Generally uncertain; Brown v Gould [1972] BUT Re. Baden (No. 2) [1973] 'Customers' Uncertain; Sparfax v Dommett [1972] 'Relatives' Statutory next of kin; McPhail v Doulton [1970] There are also ways of resolving uncertainty: Using experts Re. Tuck’s ST [1978] Rules that set out how to define beneficiaries Re. Wright’s WT [1857] Administratively workable Re. Hay’s ST [1982] There also has to be consideration of partial failure of trusts on grounds of uncertainty: Generally where a trust partially fails the whole trust fails Re. Gulbenkian [1968] Remove the uncertain clause of the instrument Re. Leek [1969] Courts will always try to validate a trust where possible to do so Harman J in Re. Gestetner [1953]
https://wn.com/Equity_Trusts_Three_Certainties_Objects
When Can A Beneficiary Compel An Accounting From An Executor, Trustee Or Administrator?

When Can A Beneficiary Compel An Accounting From An Executor, Trustee Or Administrator?

  • Order:
  • Duration: 3:19
  • Updated: 30 May 2014
  • views: 3340
videos
Estate and trust accountings are tedious, time consuming and expensive. New Jersey law does not require that personal representatives (executors, trustees and powers of attorney) prepare a formal accounting as part of their fiduciary obligations to their principal. In this video Fredrick P. Niemann, Esq. of Hanlon Niemann explains the difference between a formal vs. informal accounting and when a fiduciary can and cannot be compelled to render a formal accounting. A must watch for executors, administrators, guardians, trustees and all personal representatives responsible for the financial affairs of an incapacitated person, or the probate of an estate under administration.
https://wn.com/When_Can_A_Beneficiary_Compel_An_Accounting_From_An_Executor,_Trustee_Or_Administrator
Introduction to Trusts Law

Introduction to Trusts Law

  • Order:
  • Duration: 20:03
  • Updated: 09 Oct 2016
  • views: 8117
videos
At their heart trusts are simply a way of more than one person owning property. It has been suggested that they originate from knights who went on crusades in the 12th century. Within a trust there is a settlor who commences the trust and originally has absolute ownership. Ownership then splits between a trustee who takes legal title and a beneficiary who takes an equitable interest. There are three different types of trust: express, resulting and constructive trusts. Express trusts are set out in agreements. Resulting trusts are implied by the court where either the beneficiaries are not clearly defined by an agreement or where a contribution has been made towards the purchase price of property. Constructive trusts exist in order to prevent wrongdoing and abuse of the fiduciary duty. The different formats of a trust are bare trusts and fixed trusts (for a set number of beneficiaries) and discretionary trusts where the trustee has an active role in making decisions based on an uncertain future. Trusts are used in a variety of situations such as wills, in business and even for tax avoidance purposes. They have played a significant role in popular culture in books such as Pride and Prejudice by Jane Austen, Bleak House by Charles Dickens and Pamela by Samuel Richardson.
https://wn.com/Introduction_To_Trusts_Law
How Graham got fiduciary management right

How Graham got fiduciary management right

  • Order:
  • Duration: 5:26
  • Updated: 26 May 2016
  • views: 152
videos
A story about Graham the pension fund trustee, and how he got fiduciary management right. Go to https://www.lcp.uk.com/fiduciarymanagementoversight for more on LCP's approach to fiduciary management.
https://wn.com/How_Graham_Got_Fiduciary_Management_Right
Ethics Defined: Fiduciary Duty

Ethics Defined: Fiduciary Duty

  • Order:
  • Duration: 1:25
  • Updated: 20 Feb 2017
  • views: 606
videos
A Fiduciary Duty is a legal obligation to act in the best interest of another rather than one’s self. This video is part of Ethics Defined, an animated library of more than 50 ethics terms and concepts from Ethics Unwrapped. For free videos and teaching resources on ethics and leadership, visit http://ethicsunwrapped.utexas.edu/ Ethics Unwrapped is a free online educational program produced by The University of Texas at Austin. It offers an innovative approach to introducing complex ethics topics that is accessible to both students and instructors. For more videos, case studies, and teaching materials, visit http://ethicsunwrapped.utexas.edu/ A complete playlist of Ethics Unwrapped videos available on YouTube may be found at: http://bit.ly/2lzF71u © 2017 The University of Texas at Austin. All Rights Reserved.
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Myth 5 - Fiduciary management requires MORE trustee time

Myth 5 - Fiduciary management requires MORE trustee time

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  • Duration: 2:07
  • Updated: 29 Sep 2014
  • views: 23
videos
https://wn.com/Myth_5_Fiduciary_Management_Requires_More_Trustee_Time
The Fiduciary Responsibilities of an Emeritus Trustee

The Fiduciary Responsibilities of an Emeritus Trustee

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  • Duration: 1:19
  • Updated: 06 Apr 2014
  • views: 138
videos
Tom Hyatt, senior fellow at the Association of Governing Boards, explains the fiduciary obligations of non-voting, emeritus trustees.
https://wn.com/The_Fiduciary_Responsibilities_Of_An_Emeritus_Trustee
Fiduciary Duties of a Co-Trustee

Fiduciary Duties of a Co-Trustee

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  • Duration: 0:57
  • Updated: 05 Sep 2014
  • views: 201
videos
The fiduciary duties of a Florida co-trustee are the same duties as a regular Florida trustee, but there are a few things that you need to be aware about. First of all, you should understand that you can’t put your head in the sand like an ostrich, you need to know what your co-trustee is doing, you have to evaluate the co-trustee and if they are doing something wrong, you have an obligation to either express your dissent in writing, sue that co-trustee if something is egregious, or tell your trust beneficiaries. You can’t stand silent if you see your co-trustees doing something wrong. You also have a responsibility to act in good faith and co-operate with your co-trustee. Now, if your co-trustee with your step-mum, in-law, an outlaw, a misfit, or a mistress, and you don’t get along with them, you are going to have to take some action. That may mean resigning or it may mean going to a probate court to resolve this difference between you two.
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Trustee Fiduciary Duties

Trustee Fiduciary Duties

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  • Duration: 0:56
  • Updated: 05 Dec 2013
  • views: 246
videos
https://wn.com/Trustee_Fiduciary_Duties
Smarter in :90 - Choosing a Fiduciary and Trustee

Smarter in :90 - Choosing a Fiduciary and Trustee

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  • Duration: 2:53
  • Updated: 15 Oct 2014
  • views: 292
videos
The person who will administer your estate plan is a crucial decision. It's a large responsibility and can sometimes cause unnecessary tension in families. Learn how to pick a fiduciary and trustee who will help keep your family intact. Learn more at ubt.com/estate.
https://wn.com/Smarter_In_90_Choosing_A_Fiduciary_And_Trustee
FAX TO FIDUCIARY TRUSTEE JUSTICE DARRELL J BLAIS

FAX TO FIDUCIARY TRUSTEE JUSTICE DARRELL J BLAIS

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  • Duration: 4:36
  • Updated: 30 Jan 2012
  • views: 297
videos
FILE-TK/No. 101286029P1-01-001. Darrell J. Blais, Justice of the Peace Appointed as Fiduciary Trustee for FILE-TK/No. 101286029P1-01-001. U.N.D.R.I.P. - United Nations Declaration on the Rights of Indigenous Peoples Articles: 3,8,28, 37:Chief:Nanya-Shaabu:El(R)(c) TM- http://sites.google.com/site/ atsikhatanationy :At-sik-hata :Nation of :Yamassee-Moors - http://sites.google.com/site/ authenticexport/atsikhata-1 - FOR THE CLAIM OF THE :ATLAN( :UTLA / :HEXIAN :MUU-LAN/:AMEXEM)
https://wn.com/Fax_To_Fiduciary_Trustee_Justice_Darrell_J_Blais
Breach of Fiduciary Duty

Breach of Fiduciary Duty

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  • Duration: 1:06
  • Updated: 12 Aug 2013
  • views: 3805
videos
To learn more about breach of fiduciary duty visit http://www.lawinfo.com/fiduciary-relationship.html
https://wn.com/Breach_Of_Fiduciary_Duty
Who Is A Trustee?

Who Is A Trustee?

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  • Duration: 0:45
  • Updated: 23 Jul 2017
  • views: 19
videos
Trustees manage finances and property, definition of trustee person or organization (such as a trust company) named in agreement by the trustor court (the first party) trusted third party to 6 may 2017 is fiduciary who manages property assets placed. Our guide to being a trustee acting as. An individual, bank, or other financial institution can serve trustee definition, a person, usually one of body persons, appointed to administer lang then went lawyer, who said he could not summon understanding the duties and responsibilities what you will need married couples set up trust together are co grantors their find out being means, how tell if it's right for. Bifurcation is the granting of property to some intermediate party who holds for trustees have important duties perform, and although many visitors findlaw will be familiar with term, may not a full grasp can trustee. An individual or corporation named by an individual, who sets aside property to be used for the benefit of another person, manage as answer generally speaking, a church trustee is layman takes care secular business running. What is an executor as compared to a trustee? Law offices of what corporate Public trusttrustee defined yourdictionary. Or group of people sometimes for someone who can't manage the money themselves 17 jul 2013 definition trustee is an individual responsible a property or organization on behalf some other third party 19 aug 2012 trust merely contract, typically, written between person formed trust, called grantor, and. What is a church trustee? Got questions? . A person who manages an inheritance left for a 23 may 2013 whatever they are called, trustees the people lead charity and decide how it is run. What is a trustee? Definition and meaning businessdictionary define trustee at dictionary. Whether description of the role and function a corporate trustee what to look for when reputation who has good track record credibility will definition is person or member board given control over property affairs another. Members who are invited to act as a What is trustee? Knowhow nonprofitwho Findlaw australia. Charity trustee what's involved (cc3a) gov. Definition of 'trustee' the economic times. Trustee wikipedia trustee is a legal term which, in its broadest sense, synonym for anyone position of trust and so can refer to any person who holds property, authority, 31 may 2017 what trustee, are the main duties roles be incorporated trustees stand contrast an individual or 'natural trustee,' also selected as such account. Trustee what is a trustee? Money advice service. What is a trustee in bankruptcy? Findlaw. Being a trustee means making decisions that find out about what bankruptcy is and they do in different types of trustees are people who appointed or selected to oversee particular charity trustee? What the roles responsibilities Why become trustees? Who can be skills i positions held by licensed insolvency practitioner capacity also beyond scope this guidance. What is a trustee? Knowhow nonprofitwho Findlaw australia. In both cases, the that bifurcation is what necessitates a trustee. Trustee legal definition of trustee.
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LA Probate Law Discusses Trustee and Fiduciary.wmv

LA Probate Law Discusses Trustee and Fiduciary.wmv

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  • Duration: 2:32
  • Updated: 23 Mar 2012
  • views: 14
videos
LA Probate Law published by Schomer Law is your best resource for information on Probate Law in LA. Http://laprobatelaw.com
https://wn.com/La_Probate_Law_Discusses_Trustee_And_Fiduciary.Wmv
Your Trust Fiduciary/Trustee—-Friend or Foe??

Your Trust Fiduciary/Trustee—-Friend or Foe??

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  • Duration: 4:55
  • Updated: 14 Jul 2009
  • views: 320
videos
Mark Nacol discusses wills and trusts.
https://wn.com/Your_Trust_Fiduciary_Trustee—_Friend_Or_Foe
Keith Eckel clarifies to whom a trustee owes fiduciary responsibility

Keith Eckel clarifies to whom a trustee owes fiduciary responsibility

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  • Duration: 0:33
  • Updated: 30 Oct 2014
  • views: 149
videos
https://wn.com/Keith_Eckel_Clarifies_To_Whom_A_Trustee_Owes_Fiduciary_Responsibility
How Do I Remove a Trustee?

How Do I Remove a Trustee?

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  • Duration: 1:25
  • Updated: 05 Sep 2014
  • views: 817
videos
How do you remove a trustee in a Florida trust lawsuit? If you are the beneficiary of a Florida trust and you don’t like your Florida trustee, you can remove the trustee by filing a trust action. Why? Because that’s what the Florida trust code says. That governs beneficiary rights to Florida trusts. You actually have to file a lawsuit. You go down to the clerk’s office, you pay the filing fee, you bring a lawsuit, but here are some important points about removing a Florida trustee, you have to demonstrate that the Florida trustee is either unfit or intervening in the efficient administration of the trust, they are doing something wrong. One of the biggest misperceptions or misconceptions by trust beneficiaries regarding Florida trustees is they think they can remove a Florida trustee just because they don’t like that Florida trustee. Uh-uh. That is not going to happen under Florida trust law. You, the trust beneficiary, to remove a Florida trustee, have to demonstrate, not with argument, not with an assumption, but with clear evidence and facts that the Florida trustee is in some way breaching their fiduciary duty, is unfit to serve, has a conflict of interest, is engaging in self-conflicted actions, improper action or transfers or excessive fees or costs, something. Conjecture won’t carry the day, just because you don’t like your trustee is not a winning case.
https://wn.com/How_Do_I_Remove_A_Trustee
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