Tag: Trusts Attorney

Anchorage Alaska Trusts Attorney Services
Clayton Walker, Attorney
Alaska Law Offices, Inc.
240 E Tudor Rd, Ste. 230
Anchorage, AK 99503

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Hidden Trustee Fees

Trustee Fees
Hidden Trustee Fees: Sometimes the big fees aren’t on the color brochure. They may be buried in the expense report generated by related enterprises.

On Friday, June 7, 2013, the Alaska Supreme Court issued an opinion in favor of a trust advisory committee that had sued Wells Fargo Bank, NA. The reversed the trial court’s failure to either award the trust committee attorneys fees or adequately explain why there were not entitled to fees.

The trust advisory committee spent four years seeking property insurance premium and coverage information from the trustee. The committee then sought a  superior court order to get the documents they were entitled to and for an attorney’s fees award under Alaska Civil Rule 82. The superior court granted approximately half of the committee’s information and document requests and compelled the trustee to provide copies of the insurance policy.  The trial court then ruled that neither party clearly prevailed and denied the committee’s attorney’s fees request. The committee appealed, arguing that the superior court misinterpreted Rule 82 and abused its discretion by not determining that the committee was the prevailing party entitled to a fee award.  The Supreme Court reversed.

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Alaska Supreme Court Orders Closer Look at Offer of Judgment

By:  Clayton Walker, JD

 

 DEARLOVE

v.

CAMPBELL

OPINION No. 6785

May 31, 2013

Offer of Judgment In Alaska
Ice Biking the Turnagain Arm, Anchorage, Alaska

 

A driver caused injury to the passenger of another car in a two-car accident. The passenger brought suit for damages, including her insurer’s subrogated claim for medical expenses. State Farm Insured both the driver and passenger. The driver made an early offer of judgment, which the passenger did not accept. State Farm then made a direct payment to itself reducing the  amount from the passenger’s potential recovery. The driver then made a second offer of judgment, which the passenger did not accept. After trial both parties claimed prevailing party status; the driver sought attorney’s fees under Alaska Civil Rule 68.

The superior court ruled that the Driver’s first offer of judgment did earnRule 68 fees, but the second offer did. Both parties appealed, arguing the superior court improperly considered the State Farm Insurance’s  payment in its Rule 68 rulings. The Alaska Supreme Court concluded that the trial court must take into account State Farm’s payment to itself had when evaluating the offers of judgment.

The Supreme Court found the record unclear on the nature of State Farm’s.  The Alaska Supreme Court vacated the decision that the second offer of judgment entitled the driver to Rule 68 fees and remanded for further proceedings on this issue. Hopefully a closer look at the effect of State Farm’s treatment of its insureds results in a fair outcome for their policy holders.

 

 

 

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Lifetime Drivers License Suspension Upheld for Killing Cyclist

Drivers License Suspension
Mountain Biking in Anchorage Alaska Rocks.

In May 2005 an intoxicated Eugene Bottcher drove his vehicle off the road, hitting a boy and narrowly missing the boy’s brother. The boy who had been hit later  died at the hospital from his injuries. After Bottcher hit the boy, he continued to drive, and when stopped by a passerby who had witnessed the accident, Bottcher tried to bribe him into not reporting the crime.

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Bike to Work Anchorage 2013

May 17, 2013Anchorage Bike to Work

Anchorage Bike to Work Day is a local celebration of the national event initiated in 1956 by the League of American Bicyclists. Each May, the event provides a stimulus to get bodies and bicycles in shape for a season of riding. Teams are organized among coworkers and other social groups for education and mutual support. Team registration has quadrupled since 2007; more than 3,800 cyclists were counted at key intersections in May of 2012.

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Property Line Disputes

 

Property Line Disputes
The subject Property in Dispute

Property Line Disputes

 

The Kaylors live in the north parcel, 4500 E 135th.  The McCarrey’s live in the south parcel, 4530 E 136th.  Between them lies a strip of land that looks like a road.  The parties agree that the strip of land is owned by the McCarreys; but, they don’t agree as to whether the McCarrey’s can exclude the Kaylor’s from their own property.

The Kaylors like to store their Alaska toys at the back of their lot so they don’t have to see their own collection of used vehicles.  Instead, they’d like to leave them in full view of the MCCarrey’s front windows and drive way.  The McCarrey’s proposed fencing the area and installing a gate to reduce the Kaylor’s access and to encourage them to store their stuff somewhere else.  The Kaylors sued to prevent the fence.

The trial court granted the injunction.  The Alaska Supreme court overruled this holding and remanded the matter back to the trial court for additional findings.  Specifically, the land grant that created the interest provided for a public right of way.  However, the parties had not addressed any evidence to the issue of whether the public right of way grant had been accepted by any governmental agency.  If it turns out that the grant was accepted as a public right of way the Kaylors can keep piling stuff up in the McCarrey’s front view.

http://www.courts.alaska.gov/ops/sp-6767.pdf

 

 

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Buy-Sell Provisions in LLC Operating Agreements

Buy-Sell Agreements
Alaska Business Attorney

Closely held businesses with more than a single owner should have buy-sell provisions that address what happens on the death or disablility of an owner.  These agreeements can also address proposed exit strategies, dispute resolution, managment structure, noncompete agreements, antidilution provisions and valuation methods.  The meat of the agreement tends to be the right or obligation to buy or sell an owners interest. Continue reading “Buy-Sell Provisions in LLC Operating Agreements”