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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Estate Planning

Date & Time
  • event Date

    Friday, January 17, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00

This CLE webinar will provide attorneys guidance on handling breach of trust claims under the Uniform Trust Code (UTC). The panel will discuss litigation risks and strategies to consider, alternatives to litigation, filing considerations, navigating pretrial and trial issues, and other key considerations.

Faculty

Bourque Matthew
Shareholder
RMO, LLP

Mr. Bourque serves as Managing Attorney of RMO LLP’s Dallas and Houston offices. He focuses his practice on representing heirs, beneficiaries, fiduciaries, creditors, and other interested parties in contested probate, trust, guardianship, and financial elder abuse cases. Mr. Bourque primarily handles probate litigation matters including will contests, fiduciary litigation to recover misfunded, misapplied or misappropriated estate and trust funds, community property claims, executor and trustee removal proceedings, compelled distribution of estate and trust assets, trust accounting lawsuits, competing applications for guardianship, and establishment of common-law marriage and adoption-by-estoppel. He also has significant experience handling commercial litigation incidental to probate matters.

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Fair Kenneth
Shareholder
Wright Close & Barger, LLP

Mr. Fair's practice focuses on in the area of general commercial litigation, with an emphasis on complex probate, trust, and fiduciary litigation. He represents executors, trustees, and beneficiaries in will contests, disputes over will and trust interpretation, removal actions, and fiduciary-liability actions. He has written and presented on trust, probate and guardianship issues.

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Johnson David
Shareholder
Winstead PC

Mr. Johnson is widely recognized as one of the go-to fiduciary litigators in Texas. His practice focuses on trust, estate, and closely-held business disputes. A frequent writer and speaker, David is known around the state as a thought leader in the fiduciary area. Mr. Johnson’s experience in trust and estate disputes includes will contests, elder abuse, mental competency, undue influence, trust modification/reformation/clarification, breach of fiduciary duty and related claims. Additionally, he has a transactional practice for trust departments in providing legal opinions on the construction of trust documents, documenting release and consent agreements, resignations, successor appointments, modification of trusts, trust mergers, trust severances, etc.

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Description

Under the UTC, a breach of trust occurs when a trustee fails to act in the best interests of the beneficiaries of a trust. These breaches can arise from a trustee's intentional or negligent actions that causes harm to the trust's assets or beneficiaries. Trustees and attorneys must understand the trustee's duties and obligations under the UTC, the consequences if a breach occurs, and strategies for managing the litigation of these claims.

A "breach of trust claim" is a legal action filed against a trustee under the UTC alleging that a trustee violated their fiduciary duty by misusing trust assets, neglecting their responsibilities, and acting in a way that conflicts with the terms of the trust document or is not in the best interests of the beneficiaries. Such actions, including but not limited to, making improper investments, engaging in self-dealings, or distributing trust assets incorrectly, may cause financial loss to the trust.

Attorneys and trustees must understand key issues that arise for trustees under the UTC, address potential litigation risks, and identify appropriate strategies to minimize claims.

Listen as our panel discusses the litigation risks and strategies to consider, alternatives to litigation, filing considerations, navigating pretrial and trial issues, and other key considerations when handling breach of trust claims under the UTC.

Outline

  1. Breach of trust and breach of fiduciary duty
  2. Duties of a trustee under the UTC
  3. Pre-litigation
  4. Alternatives to litigation
  5. Filing considerations
    • Jurisdiction
    • Venue
    • Principal place of administration
    • Governing law
    • Statute of limitations
  6. Pre-trial issues and trial considerations
  7. Remedies

Benefits

The panel will discuss these and other key issues:

  • Breach of trust and breach of fiduciary duty under the UTC
  • Pre-litigation considerations and litigation alternatives
  • Examining jurisdiction, venue, statute of limitations, and other filing considerations
  • Pre-trial issues and trial challenges
  • Available remedies and pitfalls to avoid