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Court of Appeals Sets Record Straight on Fiduciaries' Role and the Scope of TEDRA
Aug 04, 2014

On August 4, 2014, the Court of Appeals, Division I, issued a slightly revised opinion from its May opinion, In re Estate of J. Thomas Bernard, again confirming two long-standing practices in the trust and estate field: (1) that encompassed within trustee's and personal representative's duties is the duty to defend a decedent's last stated intent; and (2) that parties can use the Trust and Estate Dispute Resolution Act ("TEDRA") to modify earlier agreements and estate planning docume...

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