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Julian Zebot and Nate Ajouri Co-Author Article on Hindsight Bias in Trust Litigation for American Bar Association's Real Property, Trust & Estate Law eReport

August 31, 2020

Julian Zebot and Nate Ajouri, attorneys in Maslon's Litigation Group, co-authored an article for the American Bar Association's Real Property, Trust & Estate Law eReport, titled "Hindsight Is Always 20/20 in a Bear Market: Fiduciary Tools to Dull the Edge of Hindsight Bias in Trustee Investment Liability Lawsuits – Preparing for the COVID-19 Fallout." The article explores some of the matters in which courts have found trustees liable for investment decisions that may have seemed reasonable at the time and applies lessons learned from the aftermath of the Great Recession to gain insight on how to protect trustees during the COVID-19 pandemic.

Julian focuses his legal practice on probate, fiduciary, and trust litigation as well as business and commercial litigation. Julian's probate, fiduciary, and trust litigation practice has involved many different types of contested estate, trust, probate, and elder law matters, including will/trust contests (including claims of undue influence and diminished capacity), construction/interpretation disputes, accounting actions, breach of fiduciary duty claims, fiduciary removal actions, trust instruction proceedings, financial elder abuse claims, and creditor claims against estates. He has also developed a niche practice representing and counseling parties involved in complicated multi-jurisdictional trust litigation, often involving parallel lawsuits in different states, and has familiarity with associated trust situs, venue, and jurisdictional issues. Within his practice, Julian has represented both institutions and individuals in a variety of contexts, including corporate and individual trustees, personal representatives, attorneys-in-fact, beneficiaries, heirs, and creditors.

Nate assists organizations and individuals with general commercial litigation matters, with particular focus on trust & estate and product liability litigation. He received his law degree, summa cum laude, from Mitchell Hamline School of Law. While at law school, Nate completed more than 150 volunteer hours with the Minnesota Justice Foundation and was a published author with the Cybaris Intellectual Property Law Review. He also interned for the Honorable Edward T. Wahl of the Hennepin County District Court during his last semester of law school.

To read the full article, go to: American Bar Association – "Hindsight Is Always 20/20 in a Bear Market: Fiduciary Tools to Dull the Edge of Hindsight Bias in Trustee Investment Liability Lawsuits – Preparing for the COVID-19 Fallout."


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