News & Analysis as of

Guardians Estate Planning Trusts

Charles E. Rounds, Jr. - Suffolk University...

Whether an equitable power of appointment incident to a trust relationship is “in gross” or “collateral”: The practical...

Section 17.3, comment f, of the Restatement (Third) of Property (Wills and Other Donative Transfers) explains the difference between a collateral power of appointment and a power of appointment in gross: “In traditional...more

Lasher Holzapfel Sperry & Ebberson PLLC

Durable Power of Attorney – One of Your Most Important Estate Planning Documents

We all make important decisions and engage in regular financial transactions without giving a second thought about our capacity to do so. But what if you suddenly lost the ability? What would happen? While most of us don’t...more

Newburn Law

Ensuring Your Pet's Future: The Comprehensive Guide To Pet Trusts

Newburn Law on

As pet owners, we form deep bonds with our furry, feathered, or scaly companions, considering them part of our families. But what happens to these beloved pets if we become unable to care for them due to illness, incapacity,...more

Rivkin Radler LLP

Wendy and Jen Wreck the Movies: Baby Mama (2008), or What Not to Leave to Chance When You Are Expecting

Rivkin Radler LLP on

Kate Holbrook discovers that her chances of becoming pregnant are drastically reduced. Kate considers adoption, but a misguided social worker convinces her that her chances of being approved as an adoptive parent are limited...more

Charles E. Rounds, Jr. - Suffolk University...

When the guardian ad litem “representing” the yet-to-come-into-existence beneficiaries of a trust is nonfeasant or malfeasant

Does a court-appointed GAL in a trust matter owe fiduciary duties to the parties to the trust relationship who have yet to come into existence, e.g., the settlor’s future great grandchildren (hereinafter the “non-existent...more

Conn Kavanaugh

Leaving Money for Fido: Is Your Pet Trust Still Valid?

Conn Kavanaugh on

Fortunately, your worry was solved by the Massachusetts Pet Trust Law, M.G.L.A. 203E § 408, which allows the creation of a trust during the settlor/owner’s lifetime for the continuing care of a pet or other animal should the...more

Bowditch & Dewey

Estates Under $2 Million – Do I Need an Estate Plan?

Bowditch & Dewey on

With the exciting and long overdue news of the increase in the Massachusetts estate tax exemption from $1 million to $2 million for decedents dying on or after January 1, 2023, many Massachusetts residents have been left...more

Burns & Levinson LLP

Estate Planning for Your Furry Friends – Pet Trusts Explained

Burns & Levinson LLP on

For many pet owners, their furry friends are not just their most valued possessions – they are family members. Pet owners want to do everything they can to care for their pets, but what happens if they outlive you? It can be...more

Stoel Rives LLP

Ideas for Planning and Caring for Your Pets upon Incapacity or Death

Stoel Rives LLP on

Many of us consider our pets an important part of our family and worry about their care and well-being when we are no longer able to make decisions about their care. As animal lovers ourselves, we have worked with many...more

Burns & Levinson LLP

Four Basic Aspects About Fiduciary Litigation

Burns & Levinson LLP on

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

Warner Norcross + Judd

Appointment of a Guardian Does Not Mean That the Ward Automatically Lacks Testamentary Capacity

People frequently assume that a person for whom a guardian/conservator is appointed automatically loses the right to engage in estate planning – in other words, a finding of a need for a guardian/conservator amounts to a...more

Bowditch & Dewey

8 Estate Planning Considerations - Don’t Tax Yourself

Bowditch & Dewey on

The idea of a visit to an attorney for your estate planning can be daunting. Below is a list of to-do items or at least items to think about before your visit. MAKE A LIST OF YOUR ASSETS AND AN ESTIMATED VALUE OF THE...more

Rivkin Radler LLP

Wendy and Jen Wreck the Movies: How the Grinch Stole Christmas (1966), or “It Ain’t Over til All the Whos in Whoville Sing”

Rivkin Radler LLP on

The Grinch lives alone in a mountaintop cave with his dog, Max, and no medical attention for his undersized heart and oversized unpleasantness. The Grinch observes the noisy holiday festivities of Whoville from afar. The...more

Chambliss, Bahner & Stophel, P.C.

Millennials — When Raising Young Children and Caring for Aging Parents Collide

Currently, there is no lack of opinion regarding the millennial generation. As a millennial, it is not hard to understand why. However, despite the potential dividing views on this particular generation, there is one common...more

Downey Brand LLP

Who Protects the Interests of Children in Trust Disputes?

Downey Brand LLP on

California trust disputes often involve the interests of parents and their minor children. Sometimes those interests conflict. When disputes are settled, who looks out for the interests of children under 18 years of age? Who...more

Sands Anderson PC

Planning in Panic Mode

Sands Anderson PC on

A few years ago, I spent a memorable weekend going back and forth between my office and a client’s hospital room. I spent hours sitting at hospital cafeteria tables or by my client’s bedside while he waited for an operation,...more

Rivkin Radler LLP

Wendy and Jen Wreck the Movies – Rain Man (1988)

Rivkin Radler LLP on

Sanford Babbitt, Charlie Babbitt’s estranged father, died. Charlie returns home and finds out he is only receiving a car and prize-winning roses, and that all of his father’s other assets have been left in trust for the...more

Rivkin Radler LLP

Wendy And Jen Wreck the Movies – Citizen Kane (1941) Or Deposit Money, Not Children, in the Bank

Rivkin Radler LLP on

“Legendary was the Xanadu where Kubla Kahn decreed his stately pleasure dome.” Legendary too were the colossal errors made by Mary Kane in this celebrated classic movie which follows a journalist as he tries to uncover the...more

Burns & Levinson LLP

Avoiding Probate Litigation: An Attorney’s Top 5 Tips

Burns & Levinson LLP on

The most basic and streamlined approach to avoiding probate litigation is planning ahead. Plans may include full, comprehensive estate plans, simple transfers of real estate, the implementation of protective measures or...more

Chambliss, Bahner & Stophel, P.C.

Pandemic Pets and Pet Companionship: Seven Benefits/Considerations for Care Coordination and Estate Planning

When my kids started to feel isolated and bored spending so much time at home due to the pandemic, we volunteered to be foster parents for a sweet four-week old kitty, Marigold. She was a fuzzball so tiny that I could hold...more

Winstead PC

Court Holds That A Trustee Had The Power To Sell Trust Property To An Affiliate, Though Such An Act May Be In Breach Of A Duty

Winstead PC on

In Pense v. Bennett, the ward in a guardianship proceeding sued to invalidate the sale of real property from a trust created for his benefit to an affiliate of the trustee. No. 06-20-00030-CV, 2020 Tex. App. LEXIS 8002 (Tex....more

Bowditch & Dewey

Protecting Pets During the COVID-19 Pandemic

Bowditch & Dewey on

During the COVID-19 pandemic, many people are taking action to make sure that their affairs are in order – reviewing guardian nominations for their minor children, funding their revocable trusts and, in some cases, making...more

Downey Brand LLP

Guardian of the Galaxy – What is the Role of a Guardian Ad Litem in Trust and Estate Disputes?

Downey Brand LLP on

Most California trust and estate disputes involve adults who can make their own choices about what to seek and how hard to litigate, such as the common scenario of siblings competing for assets. But many disputes, or at...more

Obermayer Rebmann Maxwell & Hippel LLP

When Is It Time To Update My Estate Plan?

Many people believe that once they have executed their estate planning documents, those documents can remain in the safe deposit box until the day when they may be needed. However, your estate planning documents should be...more

McNees Wallace & Nurick LLC

Are You Considering A Revocable Living Trust?

The revocable living trust is often advertised as a “must have” part of your estate plan. While a revocable living trust may be useful in some situations, it is not an estate planning cure all. The following are issues to...more

25 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide