The verdict is in for the Moyer trust dispute in Portland – or rather the judge’s ruling is in: Neither side wins. Wealthy Portland real estate developer Tom Moyer dropped out of high school and created a dynasty for his family, funding a massive trust ($400M) that became the focus of litigation as his health unfortunately declined. In the family […]
When the Trust says jump, then the Trustee jumps, right? Not necessarily. When sufficient evidence instructs the Trustee otherwise, consider a petition to reform the Trust. In Frakes v. Nay, the Oregon Court of Appeals upheld a grant of summary judgment in favor of reforming certain terms of the Saling Family Trust to require only […]
When can a trustee require a beneficiary to sign a receipt and release form?
When can a receipt and release form for a trustee be invalidated by a beneficiary?
When an annual report or proposed distribution is provided to the beneficiary of a trust, the statute of limitations may be signficiantly reduced under the right circumstances.
From time to time we will publish local opinons of interest: Background: Plaintiff, director of a charitable organization (Wintercross) and the entities controlled by the organization (Jensen), engaged in self-dealing in the course of making investments on behalf of the organization. Plaintiff failed to pay the mandatory charitable contributions, which resulted in tax penalties. During this time, however, Plaintiff maintained […]
American Family Prepaid Legal Corporation and Heritage Marketing and Insurance Services Inc., with their co-owners, Jeffrey and Stanley Norman, just got nailed with a little under $6.4 million in fines from the Ohio Supreme Court for the illegal practice of law. The companies preyed on the elderly through telemarketing and in-person sales calls, with more than 3,800 […]
constructive trust, divorce, life insurance, Tupper v. Roan, 227 Or App 391