Alexandra Tubbs v. Harry Berkowitz: Fiduciary DutyAlexandra Tubbs v. Harry Berkowitz: Fiduciary DutyWalzer Melcher LLP
Alexandra Tubbs v. Harry Berkowitz (Fiduciary Duty – Trustee)
California Court of Appeal, Fourth District
Published Opinion (2020) 47 Cal.App.5th 548
A dispute between a father and daughter over trust assets the father transferred to himself after his wife passed away. Daughter argued that Father violated his fiduciary duties as trustee when he exercised the general power of appointment, transferring all the trust assets to himself, effectively divesting Daughter who was a contingent beneficiary. The Trial Court held and the Court of Appeal affirmed that the general power of appointment in the trust enabled the powerholder to act in a nonfiduciary capacity, and that Father could not have breached any fiduciary duties by doing something that was expressly authorized and required under the terms of the trust.
Opinion: Tubbs v. Berkowitz 4-7-20
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