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Stokes Law Briefs


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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