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Self Study Articles

Smith v. Szeyller: Probate Court Authority for Attorneys’ Fee Award Under the Substantial Benefit Doctrine for Successful Beneficiaries


Trusts and Estates Quarterly - Volume 26, Issue 2
Credit(s): 1 Legal Specialization in Estate Planning; Trust & Probate Law
1 Self-Study Credit
Course Number: TE_Vol26_No2
Access: Available for 3 months after purchase
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    Category: Trusts & Estates
    Category: Trusts & Estates (show less)
    Trusts and estates attorneys are often presented with a familiar scenario: a beneficiary has concerns about a trustee’s administration of a trust and seeks counsel to ensure that the trustee is acting consistently with the trustee’s fiduciary duties, including the duty to account. In the case of a suspected or discovered breach of trust, the beneficiary’s options could be limited to litigation, an uncertain, expensive, and time consuming endeavor, with the American Fee Rule potentially requiring the beneficiary to bear the financial burden of their legal expenses to obtain redress and recovery through the probate court.
    1 Legal Specialization in Estate Planning; Trust & Probate Law  

    1 Self-Study Credit  

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