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Introduction | |
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The Property Requirement | |
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The Property Requirement | |
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Funding Issues | |
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Wrongful Defunding | |
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The Trustee's Office | |
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Who Can Be a Trustee? | |
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Who Is Fit to Be a Trustee? | |
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Involuntary Trustees: Constructive Trusts, Purchase Money Resulting Trusts, Trustee Succession, Deceased Trustees, Partnership Assets, Government Regulation of Property Ownership and Other Such Matters | |
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Avoiding, Assuming, and Vacating the Office | |
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Trustee's Relationship to the Trust Estate | |
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External Inbound Liabilities of Third Parties to the Trustee and the Beneficiaries | |
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Interests Remaining with the Settlor | |
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Interests and Powers Remaining with the Settlor by Operation of Law | |
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Expressly Reserved Beneficial Interests and Powers | |
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The Beneficiary | |
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Who Can Be a Beneficiary? | |
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Class Designation: "Children," "Issue," "Heirs," and "Relatives" (Some Rules of Construction) | |
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The Beneficiary's Property Interest | |
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Rights of the Beneficiary | |
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Involuntary or Voluntary Loss of the Beneficiary's Rights | |
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Duties and Liabilities of the Beneficiary | |
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The Necessary Parties to a Suit Brought by a Beneficiary | |
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The Trustee's Duties | |
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General Duties | |
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Specific Duties Incident to General Duties | |
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Governmental Reporting Obligations | |
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The Trustee's Liabilities | |
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Trustee's Liabilities Generally (Breaches of Trust; Beneficiary's Standing to Seek Judicial Relief; Defenses) | |
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Trustee's Internal Liability as Fiduciary to the Beneficiary | |
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Trustee's External Liability as Legal Owner to Nonbeneficiaries | |
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Trustee's Discharge in Bankruptcy | |
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Miscellaneous Topics of General Interest to the Trustee | |
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Powers of Appointment | |
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Termination of the Trust and Final Distribution | |
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The Transfer of Trust Property | |
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The Trustee's Compensation | |
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Conflict of Laws | |
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Qualifying the Non-Human Being to Serve as a Trustee; Corporations Domestic and Foreign; Partnerships | |
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Merger | |
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Whom Does Counsel Represent? | |
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Why More Than One Trust: The Estate and Generation- Skipping Tax | |
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Fiduciary Principles Applicable to the Mutual Fund | |
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What Are the Duties of the Trustee of a Revocable Inter Vivos Trust? | |
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Where the Trust Is Recognized outside the United States | |
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In Litigation Pertaining to a Trust, When Is the Beneficiary Entitled to Reimbursement from the Trust Estate for Legal Fees? | |
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When a Guardian ad Litem (or Special Representative) Is Needed: Virtual Representation Issues | |
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Doctrines Ancient and Modern | |
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The Trustee of Revocable Trust as "Inadvertent Executor": When There Is a Duty to Prepare the Estate Tax Return | |
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Mistake-Based Trust Reformation or Modification Actions to Achieve Tax-Efficiency Trust Reformation to Remedy Mistakes; Trust Modification; Tax Objectives | |
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Regulation 9 Revised | |
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When the Bank Trustee Merges or Consolidates | |
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Tax Apportionment within and without Trust | |
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Duty of Third Parties to Investigate Whether Trustee Has Power to Act or Is Properly Exercising the Power | |
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Why Do We Need the Trust When We Have the Corporation and the Third-Party Beneficiary Contract? | |
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How a Trust Can Facilitate Gifts to Minors | |
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Burdens of Proof; Standards of Proof | |
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Few American Law Schools Still Require Agency, Trusts, and Equity | |
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Why Trustees Need to Know about Will Residue Clauses | |
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The Difference between | |