Lead Stories

Estate Planner Did Not Breach Duty By Failing to Disclose Basis of Fees

Court affirms plan that reduced bequests to daughters of couple who established charitable remainder trusts

A charitable estate planning firm did not breach a fiduciary duty to a married couple by failing to disclose the full basis of their fee arrangement with charitable beneficiaries of the plan, a California Court of Appeal has affirmed.  Two daughters who sought to overturn the estate plan that reduced bequests to them have been rebuffed in a family fight over the estate.

NY Attorney General Sanctions CEO of DAF Sponsor for Breach of Fiduciary Duty

AG permanently bars CEO from serving as fiduciary of a charity for misusing funds for personal benefit for himself and others

The Attorney General of New York has permanently barred the former CEO of the Foundation for Jewish Philanthropies in the Buffalo area from serving in a fiduciary capacity for any charity active in New York state after finding that the CEO misused approximately $3.1 million in donor advised and other funds held by the organization.

Gender and Race Gaps Narrow Slightly On Boards of Philadelphia Area Meds and Eds

While many have made significant progress since 2019, many still fail to reflect the diversity of constituents and communities

The Women’s Nonprofit Leadership Initiative and the Nonprofit Center of La Salle University have published an updated report focused on the boardrooms of the Philadelphia area’s largest nonprofit medical and educational institutions (“meds” and “eds”).  The report reveals that many have made significant progress in the last three years in increasing the gender and racial diversity of their governing bodies.

VMI Can’t Force Termination Of Charitable Trust for Its Benefit

Pa. Court says potential cost savings do not overcome paramount intent of donor to keep assets in separate trust

The Superior Court of Pennsylvania, an intermediate appellate court, has affirmed a trial court decision and denied a request of the Virginia Military Institute to terminate a $2 million trust for its benefit and transfer the assets to its affiliated foundation outright.  In what it called a case of first impression, the Court upheld the position of the trustee bank and the state attorney general that the donor had intended to keep the assets separate from the institution and a difference in cost was not sufficient to deviate from that intent.

DAF Donor Lacks Standing To Sue Over Excessive Fees

Court of Appeals affirms trial court decision dismissing case against Schwab Charitable Fund

The Ninth Circuit Court of Appeals has affirmed a trial court decision dismissing a suit by the creator of a donor advised fund who sought reputational and other damages on the ground that the sponsor of the DAF paid excessive fees for managing the investments and deprived him of funds to distribute to other charities.  (See Nonprofit Issues® Vol. XXXI No.