Wortman, et al v. Hutaff, et al (12 NCBC 9 (2012))

James Edward Hickmon

Case Conclusion Date:January 30, 2012

Practice Area:Trusts

Outcome:Ruling for Plaintiffs/Beneficiaries

Description:In a case of first impression, the North Carolina Business Court interpreted important provisions of North Carolina’s Uniform Trust Code; N.C. Gen. Stat. § 36C-7-705 (holding that a trustee remains liable for his omissions and failures to act following an ineffective resignation), and N.C. Gen. Stat § 36C-7-707(a) (holding that a trustee’s duties remain in effect until trust corpus is actually delivered to a successor trustee).