The Case of the Disappearing Trust
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
Equity’s maxims have many jurisprudential functions, one critical function being to sinew the equitable principles that regulate the law of trusts. A court that is saddled with sorting out the rights, duties and obligations...more
In In re Kelly, a former executor and the trustee of a testamentary trust initiated a probate proceeding in a county court at law. No. 11-24-00066-CV, 2024 Tex. App. LEXIS 3735 (Tex. App.—Eastland May 30, 2024, original...more
In July 2024, Pennsylvania Governor Josh Shapiro signed the Pennsylvania Directed Trust Act, Senate Bill 1231 (now part of Act No. 64 of 2024, sponsored by Senator Lisa Baker), into law, making Pennsylvania the 20th state to...more
In In re Poe Trust, a co-trustee of a trust filed suit to modify the trust to change distribution provisions, increase the number of trustees, and change the method for trustees to vote on issues as well as other...more
On November 6, 2023, the Minnesota Court of Appeals issued its opinion in In the Matter of the Trust Agreement of Genevieve M. Rossow. Among other topics, the court’s opinion addressed whether a trust beneficiary’s power to...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
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
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
We’ve been your dogged reporter on the ever-growing logjam in the Courts of Appeal on trust modification procedure. We’ve followed the twists and turns that courts have taken as they’ve tackled the question of what happens...more
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
On January 30, 2023, the Minnesota Court of Appeals issued an opinion in In re Eva Marie Hanson Living Trust addressing the ability of an attorney-in-fact to amend a revocable trust on behalf of an incapacitated trust...more
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
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
On May 23, 2022, the Superior Court of Pennsylvania held that the fiduciary exception to the attorney-client privilege and attorney work product doctrine is consistent with Pennsylvania law. This ruling was highly anticipated...more
David Johnson presented his paper on “The More The Merrier: Issues Arising From Co-Trustees Managing Trusts” to the Tarrant County Probate Bar Association on September 16, 2022. This presentation addressed the benefits and...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
This presentation covers trust issues that arise in divorce disputes, such as spouses creating an irrevocable trust, fraud claims to void a trust, conflict of interest issues raised by the same attorney drafting both spouse’s...more
Picture this: your beloved grandfather hands out cash gifts to his three grandchildren every year on their birthdays. Each grandchild receives $100 every year like clockwork. Then, one year, your grandfather gives your cousin...more
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
A successful trust administration starts with the right trustee. Whether you have been appointed as a trustee in someone’s will or trust or need to appoint someone as trustee in your own will or trust, you must understand the...more
Last week, my colleague Noelle Lussier provided valuable insights into avoiding probate litigation. Building off of that, with a particular emphasis on litigation concerning the validity of Wills and Trusts, one common theme...more
Zachary Young is a private professional fiduciary with CMY Fiduciary Services in Sacramento. His mother, Carolyn M. Young, began work as a fiduciary in 1986. Zach received his bachelor’s degree in business and communications...more