Randall v. Mahan: Advice of Counsel Defense

Congratulations to Roy McCandless on his big win for the trustee in Randall v. Mahan, a case in which Judge Gary R. Cassavechia acting as Judicial Referee carefully analyzes reliance on counsel as a defense to breach of fiduciary duty claims.  The Order is important reading for counsel representing trustees or beneficiaries.  Circuit Judge Michael L. Alfano adopted […]

Importance of Counsel Testimony

In cases involving the construction or validity of an estate plan, the testimony of counsel who prepared the plan often is pivotal – for good or ill. Such was the case in Tay v. Grondin in which we defended the Trustee from an action seeking to remove and surcharge him for alleged mismanagement of the sale of a […]