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Estate Planning › Trustees › Executors

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
Winstead PC

Court Affirmed The Removal Of An Executor For Gross Mismanagement

Winstead PC on

In Gordon v. Gordon, a couple created a revocable trust and named a friend, who provided financial advice, as successor trustee. No. 03-22-00454-CV, 2024 Tex. App. LEXIS 3611 (Tex. App.—Austin May 23, 2024, no pet. history)....more

Rivkin Radler LLP

Disclaiming to Save Taxes

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It’s not enough for the founder of a closely held business to have successfully established the business. The business has to grow, not only to increase profits, but also to make it more competitive and to diversify its...more

Rivkin Radler LLP

Estate Planning After Death: 20/20 Hindsight

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Did you know that actions can be taken after you die (i.e., post-mortem) to achieve the best results possible for your testamentary plan? Some estate plans are intentionally structured to give your beneficiaries and your...more

Bowditch & Dewey

Estate Planning for Child-Free Adults

Bowditch & Dewey on

DURING YOUR LIFE - When preparing your estate plan, it is of utmost importance to ensure that you have documents in place so your spouse or another trusted individual can make medical and financial decisions on your...more

Winstead PC

When One Is Not Enough: Dividing Fiduciary Powers and Dispositions - Presentation

Winstead PC on

Winstead Shareholder David F. Johnson participated in a panel presentation entitled “When One Is Not Enough: Dividing Fiduciary Powers and Dispositions” for the State Bar of Texas’s 29th Advanced Estate Planning Strategies on...more

Conyers

Cayman Islands: In the Matter of The X Trust and The Y Trust – FSD 57 of 2022 (IKJ)

Conyers on

Offshore Trust and Estate Litigation Update Series – Part I - Trust and estate disputes in both the Cayman Islands and the BVI, and claims against the actions of a trustee/executor or disputes related to an interested...more

Winstead PC

Enforcement Of Will/Trust Provisions Giving The Fiduciary The Power To Construe The Document

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​​​​​​​It is common for wills or trusts to provide that the fiduciary has the right to construe the document. For example, a provision may state that the fiduciary shall resolve any question regarding the construction,...more

Rivkin Radler LLP

Wendy and Jen Wreck the Movies: Elizabethtown (2005), or “Sharing is Caring, Don’t Keep Your Final Wishes a Secret”

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Drew Baylor is a wildly successful athletic shoe designer for Mercury Sportwear until his world is turned askew when one of the shoes he designed is accused of having a design flaw. Mercury announces a recall; Drew becomes...more

Sands Anderson PC

Joint Pains

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A lot of my work as an estate planning attorney is talking with clients to get a thorough understanding of their assets, family, and planning goals so I can help them carry out those goals. Something I hear frequently, which...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, July/August 2022

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Asset protection - How to shield your wealth from lawsuits and creditors - Much of estate planning focuses on transferring your wealth to loved ones in a taxefficient manner. But for many people, it’s equally important...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!!!

Rivkin Radler LLP on

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

Kohrman Jackson & Krantz LLP

Frequently Asked Questions Regarding Online Accounts And Estate Planning

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There are many factors to consider when planning your estate in the event of your incapacitation or death. While discussions regarding traditional assets are crucial in the planning process, other factors should also be taken...more

Freeman Law

Does an Executor Breach Their Fiduciary Duty By Failing to Disclose Facts to Beneficiaries?

Freeman Law on

A fiduciary’s failure to disclose material facts to beneficiaries may violate their fiduciary duties.  A recent Texas court’s decision outlines the fiduciary’s risks that come with the obligation to disclose....more

Winstead PC

Court Affirms Decision That Executor Applicant Was Unsuitable For That Position

Winstead PC on

In In the Estate of Johnson, an applicant to be an independent administrator appealed a court’s decision to not appoint him due to his being unsuitable. No. 02-20-00133-CV, 2021 Tex. App. LEXIS 7138 (Tex. App.—Fort Worth...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, November/December 2021

Shumaker, Loop & Kendrick, LLP on

Getting remarried? Understand your spouse’s inheritance rights - If you’re getting remarried, you may have very different expectations than you did when you married the first time, especially when it comes to estate...more

Sands Anderson PC

The Tale of the Feuding Fiduciaries

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When two brothers appointed to serve as coexecutors of their mother’s estate can’t get along in fulfilling their jointly held duty, how does a Virginia court decide which one to remove? In the recent case of Galiotos v....more

Cohen Seglias Pallas Greenhall & Furman PC

Estate Planning 101: The Five Most Important Clauses for Wills and Trusts

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Presented by Whitney Patience O'Reilly on February 16, 2021. Too often, when planning an estate, individuals and families overlook some key provisions that will better protect their families and their wishes. In this...more

Downey Brand LLP

Immortal Right — Income Beneficiary’s Entitlement to Accounting Continues after Death

Downey Brand LLP on

Many California trusts confer a lifetime right to income on a person (often the surviving spouse) with the remainder passing to designated survivors upon the income beneficiary’s death. When the income beneficiary dies, is it...more

Cole Schotz

Contested Estates – When Is The Right Time To Go To Court?

Cole Schotz on

In a contested estate situation, family members are mad, often fighting mad. A common client question is, “When are we going to court?” Perhaps surprisingly, our usual answer to this is, “Only when everything else has...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Estate Planning 101: The Five Most Important Clauses for Wills and Trusts - February 16th, 12:00 pm - 12:30 pm ET

Cohen Seglias Pallas Greenhall & Furman PC on

Too often, when planning an estate, individuals and families overlook some key provisions that will better protect their families and their wishes. In this webinar, Whitney O’Reilly will cover the basics of a good estate plan...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner - November/December 2020

Shumaker, Loop & Kendrick, LLP on

A SPA trust can improve the flexibility of your estate plan - We live in uncertain times. There’s uncertainty about the economy as well as the possibility of tax increases to address the rising federal debt. For example,...more

McDermott Will & Emery

[Webinar] Cutting Through the COVID-19 Chaos: Bullet-Proofing Your Estate Plan - June 2nd, 1:00 pm - 2:00 pm ET

McDermott Will & Emery on

Nobody wants their plans frustrated or ignored by their beneficiaries, the courts or even the executors and trustees left in charge. Half a dozen new and emerging processes and laws now allow fairly easy modifications to...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - February/March 2020: Executors and trustees: The name game

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It’s important to name executors and trustees who can provide the necessary expertise in handling assets and duties. This article details the duties of an executor and a trustee. A sidebar explains the need to name successors...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - February/March 2020

Adler Pollock & Sheehan P.C. on

Inside this Issue: - Executors and trustees: The name game - What are the benefits of a durable power of attorney? - Digital assets and your estate plan: This asset type requires special planning - ESTATE PLANNING...more

Chambliss, Bahner & Stophel, P.C.

Do You Have the Right Fiduciary?

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A fiduciary is a fancy legal term for the person who will take care of your property for you if you are unable to do it yourself, such as the executor of an estate, the trustee of a trust, or an attorney-in-fact under a power...more

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