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Fiduciary Law Trends 2023Fiduciary Law Trends 2023

A roundup of significant court cases.

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As we head into a supposed “economic downturn,” how might fiduciary cases look in 2023 and 2024? In 2022, there were some fascinating cases. Here are a few notable ones highlighting developments we witnessed in the fiduciary field.

Trust Accounting

Does a beneficiary of a revocable trust have any rights to information regarding the trust while the settlor is still alive and healthy? According to In re Va. Worley Trust,1 the answer is no. In this case, Virginia Worley married James in 2006. In 2015, James and Virginia went to a bank, and James demanded that some of Virginia’s assets be placed into joint ownership. Employees of the bank stated that Virginia said she was “afraid” James would take the accounts for himself that she wanted to le...

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About the Authors

Michael Sneeringer

Partner, Porter Wright Morris & Arthur LLP

Michael Sneeringer is a partner in the Naples, Fla. office of Porter Wright Morris & Arthur LLP.

Michael M. Rubenstein

Senior Fiduciary Advisor, BMO Wealth Management

Michael M. Rubenstein is a senior fiduciary advisor in the Naples, Fla. office of BMO Wealth Management.