TJ Ryan's Legal Cases (3)

Trusts

In re The Matter of ESTHER CAPLAN TRUST, 228 Ariz. 182

Sep 01, 2011

OUTCOME: Affirmed as modified. Published decision.

Successfully defended corporate trustee from claim of remainder beneficiary, demanding advanced notice of requests received by corporate fiduciary from lifetime beneficiary to invade principal, despite ... the fact that the trust authorized the corporate fiduciary, in its "sole" discretion, to make determinations of whether distribution of principal was proper. Arizona Court of Appeals, Division One, upheld ruling of trial court finding that remainder beneficiaries were entitled to information regarding the administration of the trust, but could not obtain "a seat at the table" in making decisions regarding the lifetime beneficiary's right to receive principal distributions.

Trusts

In re Perry C. Redden Family Trust

Jun 25, 2009

OUTCOME: Affirmed, Unpublished Decision

Court of Appeals upheld Trial Court’s utilization of a jury in a trust contest case despite that there is no right to trial by jury in such matters. The Court of Appeals upheld the trial court’s use o ... f the jury verdict on the basis that the trial court must have viewed the jury as purely advisory.

Trusts

In re Estate and Trust of Kenneth J. Petrine, Deceased

May 02, 2008

OUTCOME: Reversed and remanded; Unpublished decision.

Successfully litigated co-trustees challenge to the trial court’s ruling that decedent’s spouse enjoyed a life estate in a trust-owned residence. The Appellate Court ruled that the language of the pe ... rtinent Trust Amendment was ambiguous, and the probate court erred by failing to hold an evidentiary hearing to resolve the ambiguity.

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