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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

Winstead PC

Federal Court Dismisses Trust Dispute Due To There Not Being A Justiciable Controversy

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In Frank v. Frank, co-trustees filed suit in federal court seeking declarations regarding their authority and potential liabilities. No. 3:22-cv-01757-M, 2023 U.S. Dist. LEXIS 226439 (N.D. Tex. December 20, 2023)....more

Chambliss, Bahner & Stophel, P.C.

Choosing Trustees for Special Needs Trusts: 5 Considerations

Choosing the right person to serve as trustee of a special needs trust (SNT) is a key task when creating such a trust. It may also prove to be one of the most challenging. Trustees are responsible for the following: ...more

Husch Blackwell LLP

Options for Changing an Irrevocable Trust

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As its name implies, an irrevocable trust cannot be revoked by the person who establishes the trust. Typically, an irrevocable trust also cannot be changed by a trustee or beneficiary. The irrevocable nature makes the trust a...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

Downey Brand LLP

How Can We Reduce Conflict Over the Allocation of Mom’s Wedding Ring and Other Tangible Property?

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We often see siblings litigate in California over the allocation of tangible personal property held in the family trust. When Mom and Dad have passed, the tug of war may involve jewelry, paintings, photos, firearms,...more

Winstead PC

Trust Issues in Divorce Proceedings - Presentation - May 2023

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David F. Johnson presented to the Tarrant County Probate Bar Association on May 4, 2023, on the topic of “Trust Issues in Divorce Proceedings.” This program discussed some of the many trust issues that arise in divorce...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

Husch Blackwell LLP

Administering Irrevocable Trusts – A Checklist for Trustees

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A friend, family member, or client has just created an irrevocable trust naming you as the trustee, and you may be asking yourself, “What do I do now?” Serving as a trustee comes with a lot of responsibility. Here are a few...more

Burns & Levinson LLP

Challenging a Will: What We Can Learn From Priscilla Presley

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Elvis Has Left the Building - In 1977, when Elvis Presley died (to put a complicated situation very simply), his estate and any future royalties generated by his intellectual property, including his music, passed into a...more

Warner Norcross + Judd

Was the Trust Beneficiary Entitled to In-kind Distribution of Trust Assets?

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On January 12, 2023, the Michigan Court of Appeals issued its decision in In re Claeys Revocable Living Trust, 2023 Westlaw 175242, No 360054 (Mich Ct App Jan 12 2023), which considered whether a trust beneficiary was...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Hello 2023: What 2022 Estate and Trust Developments Mean for the New Year - January 19th, 12:00 pm - 12:30 pm ET

2022 saw a number of changes to legislation affecting trust and estate planning and administration, including some revisions to tax guidelines. In this webinar, Whitney O’Reilly will recap key updates from the previous year,...more

Warner Norcross + Judd

Michigan Court of Appeals Rules on Propriety of Terminating Trust for Beneficiary Who Recovered from Disability

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In a recent Michigan Court of Appeals case, In re Special Needs Trust for the benefit of Talonda Moss, Docket No 357836, 2022 WL 2760235 (Mich Ct App Jul 14 2022), the court ruled on whether a trust created for a disabled...more

McDermott Will & Emery

[Ongoing Program] 2022 Trust & Estate Controversy Forum - Day 2 - September 22nd, 9:00 am - 12:30 pm EDT

Join us for an interactive two-day webinar that will focus on the multifaceted issues impacting fiduciaries and beneficiaries. We’ll highlight hot topics in the administration of trusts and estates, and we’ll discuss how to...more

McDermott Will & Emery

[Ongoing Program] 2022 Trust & Estate Controversy Forum - Day 1 - September 21st, 9:00 am - 12:30 pm EDT

Join us for an interactive two-day webinar that will focus on the multifaceted issues impacting fiduciaries and beneficiaries. We’ll highlight hot topics in the administration of trusts and estates, and we’ll discuss how to...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

Rivkin Radler LLP

Wendy and Jen Wreck the Movies: Brewster’s Millions (1985) or Put me in, Coach, I’m ready to PAY, Within 30 Days!!!

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What Happened: Montgomery Brewster’s minor league baseball career is fizzling. Optimistic Brewster believes his big break is just around the corner, but the break he gets is not the one he expects. ...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

Lowenstein Sandler LLP

The Case of the Disappearing Trust

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Lowenstein Sandler lawyer Joseph Romano and investment advisor Julie Jackson discuss creating, managing, and investing trusts, plus how to keep a child with a trust from turning into a trust fund baby. Speakers: Warren...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

McDermott Will & Emery

[Webinar] 2021 Trust & Estate Controversy Forum - September 23rd, 9:30 am - 1:30 pm PDT

Join us for an interactive webinar focusing on multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they...more

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