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  • Posts by Janet P. Jakubowicz
    Partner

    Janet is a member in the Litigation Department. Her practice focuses on business and commercial litigation.

Posted in Estate Planning

Many states, including Kentucky, have adopted the Uniform Trust Code (“UTC”).  The UTC is a comprehensive statutory schemework governing the administration of trusts. 

A recent published decision from the Kentucky Court of Appeals ruled on several issues in a long-running dispute between the corporate Trustee of a Trust and a minority of the Trust beneficiaries. The opinion noted that the beneficiaries had filed no less than four (4) lawsuits in Federal and Kentucky Courts since the dispute originally arose in 1998.  In this case, the minority beneficiaries lost again. However, the lower court’s award of approximately $2.7 million dollars in attorney fees and costs to the Trustee was set aside pending further review by the trial court of the legal bills incurred by the Trustee. 

In an unpublished Opinion rendered in late 2018 by the Court of Appeals of Minnesota, the Court rejected in their entirety the claims asserted by a grandchild of the Settlors of a 2007 Irrevocable Trust.  The grandchild, a minor acting through his father with no legal counsel, asserted a variety of strong claims against the Trustee of the Trust, a prominent bank.  The dispute arose after the Settlors made a decision to cease funding the Trust further after doing so for nine (9) years. 

Posted in Estate Planning

The South Dakota Supreme Court recently decided a unique case which may be persuasive to jurists in many other states that have adopted the Uniform Trust Code, particularly as it relates to literal compliance with shortened time frames for beneficiaries to take action under the Code. In doing so, the Court ruled that an informal objection to a revocable trust did not constitute an effective contest of the trust’s validity under their trust law, because it was not a timely filed suit. 

Posted in Estate Planning

In Heisinger v. Cleary, 150 A.3d 1136 (2016), the Supreme Court of Connecticut upheld the Co-Executors’ engagement of Management Professional Planning, Inc. ("MPI") to appraise the decedent’s stock in a closely held business.

Posted in Estate Planning

In a decision finalized in late January, the Oklahoma Supreme Court has upheld a ruling that the Personal Representative of an Estate must take the necessary steps to transfer the decedent’s unused Federal gift and estate tax exemption to the surviving spouse.

The case stems from the rights newly created by the gift and estate tax laws beginning in 2010 for one spouse to transfer at ...

Posted in Litigation

Did you miss the latest Legal Forum Column in Business First of Louisville? Bingham Greenebaum Doll LLP attorney Janet P. Jakubowicz discussed how an attorney can help a company reduce its chances of litigation, even if there’s no pressing issue to address.

Almost everyone has been on the receiving end of an unsolicited telemarketing call — usually in the middle of eating dinner. In recent years, companies have also been using text message campaigns to direct their efforts toward the 91 percent of adult Americans who own cellphones. While most individuals would probably not think to sue the person or company behind the call or text for the momentary interruption, violations of the Telephone Consumer Protection Act (also known as the TCPA) have recently become the en vogue legal claim due to the TCPA’s imposition of automatic statutory damages for each call, text or fax found to violate the statute. The recent upswing in TCPA claims has made for some costly marketing efforts for an increasing list of businesses.

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