When Can a Will Be Contested?

Just as family conflicts and miscommunications can be a challenge in life, so too can they create difficulties upon death. Read on for practical, expert advice for those who may feel they have been slighted in a will. Can Anyone...

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Protecting the Vulnerable: Fiduciary Duties and Bonds Explained

Protecting the Vulnerable: Fiduciary Duties and Bonds Explained When someone cannot make sound decisions for themselves, a court can appoint a fiduciary to do so. Often, courts require fiduciary bonds to protect “the ward.” Safeguarding The Interests of Another When...

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Choosing a Personal Representative: Time to Buck Tradition?

Traditionally, the oldest child is tapped as the personal representative for the estate of aging parents. Is that always best? Sometimes Traditions Get In Our Way 2020 continues to be a year of learning that some past norms may are...

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When There Is No Will, Probate Court Steps In

  The number of Americans who do not have wills (or similar documents) has increased. Generally, when a loved dies without a will, a probate court appoints an administrator and determines the heirs. Here’s what to expect. The Trend: Information...

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Executing A Will: Are You Ready?

If a family member or friend has asked you to execute their estate for them upon their death, chances are that, like most people, you said, “of course” without really thinking about your duties. Understandable. There’s also a chance that...

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IHeart Communications Slammed with ERISA Class Lawsuit

iHeart Communications Inc. is now battling a proposed class action in the Northern District of Texas captained by plan participants and beneficiaries of its 401(k) plan. The plaintiffs of the case claim plan sponsors did not ensure prudent investment choices...

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Wisconsin Sees Spike in ERISA Class Action Claims

In the past few months, Wisconsin, among other states, has seen a rise in class litigations involving breach of fiduciary duty claims under the Employee Retirement Income Security Act of 1974, or ERISA. These types of claims target sponsoring employees...

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Arkansas Teacher Pension Sues Allianz Global Investors for Fiduciary Breaches

The Arkansas Teacher Retirement System, or ATRS, has filed a lawsuit against Allianz Global Investors to restore over $774 million in losses allegedly suffered due to negligence, fiduciary and contractual breaches of duty. The suit claims that instead of safeguarding...

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Koch Industries Hit with Excessive Fee Lawsuit

Koch Industries is now charged with excessive recordkeeping fees by current and former plan participants in the Georgia-Pacific Hourly Plan. The lawsuit against Koch Industries, Koch Business Solutions, and the Koch Benefits Administrative Committee alleges the trio violated the Employee...

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Is It a Fiduciary Breach not to Have Cyber Liability Insurance?

Under ERISA, fiduciaries are subject to the prudent expert standard of care, in which they have to act with diligence, care, and skill in their field. They also owe a duty of loyalty to plan participants. Fiduciaries, or those who...

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