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09.07.2016
The New Jersey Uniform Trust Code – Part 11: Directed Trusts
This concept is not as grounded in New Jersey law as it is in other jurisdictions. Essentially, a directed trustee can be told to make certain investment decisions or distributions, or to take other actions in the administration of the trust. A trust can allow a trustee to follow the direction of a third party. […]
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08.31.2016
The New Jersey Uniform Trust Code – Part 10D: Duties, Defenses and Liabilities of Trustees, Including Limitations of Actions for Trustee Liability
D. The Duty to Disclose Section 813 of the model UTC is among the most controversial provisions. It is adopted in N.J.S.A. § 3B: 31-67. Both the model and New Jersey versions deal with the trustee’s duties of disclosure. The basic concept is not controversial; the level of disclosure is. See generally Kevin D. Millard, […]
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08.26.2016
The New Jersey Uniform Trust Code – Part 10C: Duties, Defenses and Liabilities of Trustees, Including Limitations of Actions for Trustee Liability
C. Remedies and Damages for Breach of Trust Remedies/Damages for Breach of Trust: Restatement and NJ Common Law Under the Second Restatement, “[t]he beneficiary of a trust can maintain a suit (a) to compel the trustee to perform his duties as trustee; (b) to enjoin the trustee from committing a breach of trust; (c) to […]
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08.23.2016
The New Jersey Uniform Trust Code – Part 10B: Duties, Defenses and Liabilities of Trustees, Including Limitations of Actions for Trustee Liability
B. Trustee Defenses to Claims of Breach of Trust Trustee Defenses: New Jersey UTC Limitation of actions Perhaps the most important change in the law regarding trustee liability and defenses is the adoption by the NJ UTC of a limitation of action provision. N.J.S.A. § 3B: 31-74. That statute adopts specific time limits under New Jersey […]
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Anthony R. La Ratta
Tony concentrates his practice in the area of commercial litigation, with an emphasis in litigation involving probate matters, estates, trusts, guardianships, and fiduciaries.