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Case Citations [1] (July 2020 - April 2021)

handle is hein.ali/rettgp2431 and id is 1 raw text is: TRUSTS 3D Generally Hawaii App.2020. Cit. generally in sup. After trustee, who was also a beneficiary of the trust, obtained damages for conversion and attorney's fees and costs against co-beneficiary due to co-beneficiary's improper use of assets belonging to the trust, trustee filed a petition for surcharge against co-beneficiary, seeking to deduct litigation expenses incurred from the preceding litigation from co-beneficiary's share of the trust assets. The trial court denied petitioner's petition and awarded attorney's fees and costs to respondent. This court vacated and remanded, holding, inter alia, that the trial court erred in awarding attorney's fees and costs to respondent on the ground that petitioner's claim was frivolous, because, under Restatement Third of Trusts § 104, petitioner, as trustee of the trust, was entitled to bring a claim for surcharge against respondent for committing waste of trust assets. The court rejected respondent's assertion that the court should not apply § 104 because Hawaii had not adopted the Restatement, explaining that a significant number of Hawaii caselaw looked to the Restatement for guidance in other areas of trust law. Matter of Mitsuo Yoneji Revocable Trust Dated November 27, 1985, 464 P.3d 892, 903. PART 1. NATURE, CHARACTERISTICS, AND TYPES OF TRUSTS CHAPTER 1. DEFINITIONS AND DISTINCTIONS § 2. Definition of Trust D.Colo.Bkrtcy.Ct.2020. Com. (a) cit. in sup. Chapter 7 trustee for developer filed an adversary proceeding against custodian of an individual retirement account (IRA) that belonged to developer's president and largest shareholder, seeking to recover as fraudulent certain transfers that developer made to the account less than one year before its bankruptcy. While granting custodian's motion to dismiss on other grounds, this court rejected custodian's argument that it was not a legal entity separate from its owner and thus was not a proper party to the action. The court explained that, although trusts were separate legal entities under Restatement Third of Trusts § 2, and custodial IRAs like the one at issue were treated as trusts, they were not actually trusts. In re Lakeview Development Corporation, 614 B.R. 603, 608. 111.2019. Com. (d) cit. in case cit. in ftn. After trust beneficiary brought an unsuccessful action against successor trustee and grantor's attorney regarding allegations that an amended trust was invalid, trust beneficiary filed a separate action against, among others, decedent's attorney. The trial court granted attorney's motion to dismiss and motion for sanctions. The court of appeals affirmed in part and reversed in part. This court affirmed in part, reversed in part, and remanded, holding that, as a matter of first impression, it was authorized to impose sanctions in the form of attorney's fees against a plaintiff to compensate a defendant for defending himself against a frivolous cause of action, notwithstanding the fact that the defendant proceeded pro se. The court noted that plaintiff's complaint duplicatively named the trust as an entity and successor trustee, both in her capacity as trustee and in her individual capacity, COPYRIGHT ©2021 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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