PODCAST: Williams Mullen's Benefits Companion - Exploring the Value of Qualified Default Investment Alternatives
Legal Alert | DOL Opens ESG Door: What Does It Mean for Plan Fiduciaries?
PODCAST: Williams Mullen's Benefits Companion - What Constitutes Plan Assets Under ERISA?
Corporate Fiduciaries Holding Cryptocurrency - Digital Planning Podcast
Legislation Discussion with PA State Senator Tom Killion
Discussion of PA’s Revised Uniform Fiduciary Access to Digital Assets Act
In its recent decision in Ingram v Kulynych Estate, the Court of Appeal for Ontario clarified the timeline for bringing equitable trust claims against estates, concluding that such claims are subject to the two-year...more
When a loved one dies, the last thing you want to deal with is a lawsuit, or have your heirs inherit a lawsuit. After the death of a maternal or paternal figure that keeps the family together, tensions flare between siblings...more
Guardians are a type of fiduciary appointed for a minor child or individual determined incapacitated by the courts. When appointed by a Last Will and Testament (“Will”), they are commonly known as testamentary guardians....more
Because so many things can change with time, we recommend that our clients review their estate plans every three to five years and update plans as needed. These periodic reviews help to ensure that your affairs are in order,...more
In my practice, I am fortunate to serve clients in developing tailored estate plans as well as administering the estates of recently deceased loved ones. This dual perspective exposes some common pitfalls that can undermine...more
This update will address the following issues: whether a party has a right to jury trial in trust modification and other similar actions, what are the standards for pretrial receivership and injunctive relief in trust...more
Many people default to nominating a spouse or a child as personal representative of their estate or trustee of their trust, if they have one. However, when one has neither a spouse nor a child, who should one choose to fill...more
Next week is National Estate Planning Awareness Week. This week was designated by Congress in 2008 as a means to educate, and to remind, U.S. citizens about estate planning. In reality, its purpose is to encourage people to...more
Any estate planning professional will tell you everyone should have an estate plan. But we also understand that the whole process can feel a bit daunting—finding an estate planning attorney, getting organized, making...more
In the last alert, we reviewed the responsibilities of an executor. In this next introductory review, we will discuss the role of a trustee. Before we define the role of a trustee, we must explain the definition of a...more
Estate planning in a digital world - Today, virtually everyone owns (or licenses) digital assets, from email and social media accounts to digital photos and videos to online banking and brokerage accounts. Unlike...more
Fiduciary litigation, which includes disputes involving families, estates, trusts, and property transfers, can be complex and daunting. However, there are certain basic, frequently encountered aspects of fiduciary...more
SECURE 2.0 provides a boost to your retirement and estate plans - The SECURE 2.0 Act of 2022 (SECURE 2.0) expands on the changes made by the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act)....more
In Austin Trust Co. v. Houren, beneficiaries of a trust executed a family settlement agreement with the former trustee’s estate. No. 21-0355, 2023 Tex. LEXIS 285 (Tex. March 23, 2023)....more
Just because a trustee was named in a trust document does not necessarily mean they will continue to serve perpetually. Many trust instruments include language granting the settlor (creator of the trust), and/or the...more
Picture this: your great aunt has died and left you and your brother each one million dollars, her entire estate, in a will. Great, right? Now imagine that your brother never appreciated your great aunt during her lifetime,...more
What pea is in which pod? California probate disputes often involve questions of property ownership. Petitions filed under Probate Code section 850 allow judges to determine whether and to what extent an estate is the true...more
It is a common misconception that if a person has a will, there will be no need for court proceedings upon their death. In Massachusetts, however, a will must always be admitted to probate, a process requiring various forms...more
When preparing your estate plan, it is essential to designate the proper fiduciaries to handle your affairs during your incapacity or after your death. How do you choose the right person for each of these roles? This is one...more
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
In our busy practice, we tend to see certain recurring errors. In particular, we see planning errors that arise during the estate administration process after someone dies. Below are a few of these common errors, and, in the...more
Picture this: your family has a longstanding rumor that you are the child of an affair. Not only that, but it is an open secret who your family believes your other parent is. One day, you hear that the possible other parent...more
After graduating college and getting your life started, you are filled with pride, excitement and anticipation for your new career and freedom from school. Your last thought is to hire an attorney and prepare an estate plan....more
Occasionally, you may receive conflicting advice from two people – both people you trust, both skilled in their fields. How do you decide what to do?...more