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Asset Management Trust Distributions

McGuireWoods LLP

Once Removed Episode 24: Expressing Goals and Intent for the Trust

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For parents with young children, naming the guardian who will raise their children upon the parents’ passing can be one of the most important and foundational questions of an estate plan. And in fact, because this decision is...more

Troutman Pepper

Idaho Bankruptcy Court Holds that Later-Recovered Assets Revert to Borrower Absent Plan Provision to the Contrary

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What happens to funds recovered by the trustee after the final plan payment is made in a chapter 13 case? According to the U.S. Bankruptcy Court for the District of Iowa, absent a plan provision providing otherwise, those...more

Cole Schotz

Named As A Trustee And Wondering What To Do? Here Is A Checklist Of Duties To Get You Started

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Maybe a friend or a relative has recently passed away and you just received a communication informing you that you have been named as a trustee. You have no idea what this role entails, and you feel overwhelmed having no...more

Dunlap Bennett & Ludwig PLLC

Essential Things To Know About Trust Administration

If you have been named as the trustee of a trust, you may be wondering what your responsibilities are and how you can fulfill them. This article offers an overview of trustee duties and highlights the legal risks of serving...more

Burns & Levinson LLP

I’m a Trustee. Can I Withhold Money from an Irresponsible Beneficiary?

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Many trusts are established with the goal of protecting assets and ensuring the longevity of those assets for future generations. A trustee then may wonder if they have the authority to withhold money from a beneficiary who...more

Amundsen Davis LLC

Is it Time to Update Your Estate Plan?

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Things change; a periodic review of your estate plan is an important part of plan maintenance. Your basic estate plan (will, trust, powers of attorney, etc.) can be amended whenever necessary. It’s important to consider your...more

Winstead PC

Texas Supreme Court Holds That The Incorporation Of AAA Rules Can Delegate Scope Issues To The Arbitrator, Which May or May Not...

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The Texas Supreme Court held that arbitration clauses in trust documents may be enforced regarding claims by beneficiaries against trustees. In Rachal v. Reitz, a beneficiary sued a trustee for failing to provide an...more

Adler Pollock & Sheehan P.C.

Comparing Inter Vivos and Testamentary Trusts

Creating and adhering to an estate plan is no simple task. Generally, the end goal of estate planning is to divide up and transfer assets to loved ones at a minimum or zero tax cost. Of course, a will is a good starting...more

Kohrman Jackson & Krantz LLP

Can Pets Inherit?

For so many of us, pets are part of the family. Everywhere you go, people bring their dogs along these days; and many pets, such as birds and tortoises, have long life spans. ...more

Sands Anderson PC

Fun and Games and…Estate Planning?

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When we take seemingly mundane tasks and turn them into a game – like who can pick up the toys on the floor the fastest – those tasks suddenly become more fun and easier to accomplish. The gamification process works so well...more

Woodruff Sawyer

What New Family Trustees Need to Know

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When a family member or friend asks you to become their trustee, it conveys a high level of trust in you. However, many of our clients tell us that they did not fully understand the enormity of the job when they accepted it....more

Robins Kaplan LLP

The Robins Kaplan Spotlight, Vol. 6, No. 4 - Quiet Trusts: The Benefits of Privacy in Estate Planning

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In the wake of the “Pandora Papers,” the use of secret trusts has come under fire. The media has depicted secrecy in trust administration as a tactic to allow the wealthy to conceal their riches and avoid tax obligations....more

Bowditch & Dewey

10 Reasons to Review Your Current Estate Plan

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Estate plans are supposed to be living documents that evolve over time. Generally, you should review your plan every 5 years to stay current, or whenever you or your beneficiaries have a major life event such as marriage, the...more

Farrell Fritz, P.C.

Wills, Trusts & Estates: Plain and Simple – Is it Time to Consider Distributing Assets Held in Existing Trusts?

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It is not uncommon for a trust to have been created for a surviving spouse under a Will or revocable trust, in order to keep the assets in that trust out of the surviving spouse’s estate for estate tax purposes, when the...more

Bowditch & Dewey

Trust Funding: the Overlooked Estate Planning Tool

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Many clients create an estate plan, then put the documents safely away, until they are needed. However, they have forgotten to complete one final important step. Trust funding is the most overlooked estate planning tool....more

Downey Brand LLP

Put It on My Tab – When Is a Lifetime Gift in California an Advancement Against Inheritance?

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A primary purpose of estate planning is to determine what a child will inherit (if anything) upon a parent’s death. But what about a gift given during the parent’s life? Is it an advance on the child’s inheritance, like...more

Downey Brand LLP

California Trustee Must Be Careful in Seeking Release from Beneficiary

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Can a California trustee require a beneficiary to sign a release in order to get a distribution from a trust? A question like this appeared recently on the AVVO “Free Q&A” page and makes for a perfect blog topic....more

Downey Brand LLP

Trustees Must Terminate California Trust if Terms Compel Distribution

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Are six sibling co-trustees too many cooks in the kitchen? Many California trust disputes arise from disagreements among sibling co-trustees over how to administer Mom and Dad’s trust after the parents have passed. They all...more

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