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Trustees Beneficiaries

Fox Rothschild LLP

How Pennsylvania's New Directed Trust Act Will Affect Corporate Trustees

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Now that Pennsylvania recognizes directed trusts, corporate fiduciaries should be aware that sharing trust responsibilities could create both legal liability and administrative burdens. The law, which went into effect late...more

Downey Brand LLP

Estate of Tarlow and the Spirit of the Law– When Sibling Rivalries Extend Beyond the Grave

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Justice Stephen Field wrote for a unanimous Supreme Court in the 1869 case of United States v. Kirby that “The reason of the law . . . should prevail over its letter.” Justice Field wrote these words in support of a decision...more

Walkers

Trusts & transparency: Key considerations for trustees in an evolving legal landscape

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The Cayman Islands is a leading jurisdiction in the establishment and management of trusts; this is highlighted by the variety of structures that can be utilised, including the flexible discretionary trust and STAR trusts,...more

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

May a Mentally Incapacitated Trustee Be Held Personally Liable for His Breaches of Trust?

Assume sole trustee of an irrevocable discretionary trust for benefit of deceased settlor’s descendants living from time to time suffers a sudden unforeseen mental disability that causes trustee to imprudently administer the...more

Winstead PC

Texas Supreme Court Declines The Chance To Rule On Whether There Is A Right To A Jury Trial In A Trust Modification Suit

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In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other modifications, including, incredibly,...more

Offit Kurman

Trustee's Standing in Estate Distribution: A Legal Analysis of Estate of Barry Tarlow

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In a groundbreaking decision that could reshape the landscape of California estate law, the Court of Appeal in the Second District Division Four has ruled in favor of trustee David Henry Simon, affirming his right to seek a...more

The Estate Lawyers

The Importance of Formal Communications When Amending Trusts

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A recent appellate case serves as a valuable lesson for both estate planners and beneficiaries about adhering to formal procedures when making changes to a trust. The court found that the mere exchange of emails was...more

Walkers

Retiring trustee – reasonable security and retention of assets

Walkers on

Under section 43(b) of the Trusts (Guernsey) Law, 2007, when a trustee resigns or is removed it may require that it be provided with reasonable security for liabilities before surrendering trust property....more

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

Parsing the Uniform Trust Code in Isolation Without Regard to the Uniform Probate Code and the Uniform Powers of Appointment Act...

Intro. The Uniform Trust Code (UTC) is a mere aggregation of tweaks to the corner of equity jurisprudence that long ago gave birth to and currently stewards the trust relationship, hereinafter “the background trust law.”...more

Robins Kaplan LLP

The Robins Kaplan Spotlight, Vol. 10 No. 1 - March 2025

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The Spotlight strives to provide a forum to discuss the latest news and compelling issues impacting fiduciaries and those to whom fiduciaries owe duties. Whether you are an officer, director, trustee, beneficiary, trust...more

Jaburg Wilk

Five Important Considerations When Creating Estate Plans for a Blended Family

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Blending families often introduce unique dynamics. In addition to the day-to-day challenges and opportunities that blended families create, there is also careful planning to consider when creating or updating an estate plan....more

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

When Hostilities Break Out Between Co-trustees, Where Does That Leave Trust Counsel?

When hostilities break out between individual co-trustees, incumbent trust counsel faces a representation conundrum. In §8.8 of Loring and Rounds: A Trustee’s Handbook (2025), see appendix below, we grapple with the...more

Rivkin Radler LLP

Decanting Trusts: Sometimes You Can Change the Terms of an Existing Trust

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Sometimes, the terms of an irrevocable trust (one that cannot be amended or revoked) were appropriate at the time the trust was created, but subsequent events or circumstances make the terms of the old trust impractical,...more

Bowditch & Dewey

Do the Retirement Plan Provisions in Your Trust Still Align with Your Estate Planning Goals Following Updates to the SECURE Act?

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Following the IRS’ finalization of the SECURE Act regulations on July 18, 2024, it is a good time to review the retirement benefit provisions of your trust to make sure they still align with your estate planning goals....more

Jaburg Wilk

Naming Co-Trustees of Your Trust – When Being “Fair” Creates More Problems Than It Solves

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A component of creating a trust, is naming trustees for the trust. They are given powers which include managing the trust and its assets. Trust can have a single trustee or co-trustees named. Additionally, a successor...more

Warner Norcross + Judd

Hot Topics for Private Clients and Family Offices from 2025 Heckerling Institute on Estate Planning – Part One

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As is our tradition each January, several Warner attorneys attended the annual Heckerling Institute on Estate Planning, the country’s most well-respected educational event for professionals working in the trusts and estates...more

Stark & Stark

Contesting a Will in Pennsylvania: Understanding Your Rights

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In Pennsylvania, contesting a will is a serious legal action that should not be taken lightly. It can be emotionally challenging, especially if you believe that the will does not reflect the true intentions of the deceased....more

Adler Pollock & Sheehan P.C.

Estate Planning Red Flag: You’re Attempting to Create Your Estate Plan with DIY Tools

Interested in trying to prepare your own estate plan? There are resources available to assist you, such as online services, computer software and how-to books. Do-it-yourself (DIY) estate planning may save you hundreds or...more

Cohen Seglias Pallas Greenhall & Furman PC

The Murdoch Trust: From Inception to the Latest Court Ruling

The Murdoch family and their media empire have long captivated national attention, with layers of legal and financial complexity shaping the future of one of the world’s most influential media dynasties. At the center of this...more

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

Individual Trustee Delegates to Financial Institution the Job of Taking Custody and Keeping Track of Income and Principal: The...

While PC software programs are a practical improvement over the trustee’s hard-copy ledger book, when it comes to keeping track of trust income and principal these programs still require serious clerical monitoring on the...more

Schwabe, Williamson & Wyatt PC

Estate Planning for Families with Minor Children: Key Considerations and Strategies

When minor children are addressed in an estate plan, special considerations are involved to ensure their well-being and financial security. Parents ought to make decisions about who they would prefer to serve as the guardian...more

Carey Olsen

Cayman Islands: in pursuit of robust and efficient justice

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The Cayman Islands offers many advantages to global families: the structures available are modern and flexible; the jurisdiction's legislation is continually updated in line with the market and evolving international rules;...more

Foster Swift Collins & Smith

Legal-Ease: What Happens to Assets If I Do No Estate Planning at All?

Dear Jonathan: Based on my research, I feel like I’m pretty well versed in what I am supposed to do when it comes to creating an estate plan for myself. Everything I have read says that I should have a will, powers of...more

Kohrman Jackson & Krantz LLP

Wendy Williams’ Conservatorship Battle: A Cautionary Tale on Estate Planning

Wendy Williams’ ongoing legal battle over her financial conservatorship has reignited public debate on the complexities of incapacity planning. Although she allegedly executed a power of attorney (POA) in favor of her son,...more

Rivkin Radler LLP

Starting a Difficult but Important Discussion

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Looking for a way to stop family arguments over politics? Well, who isn’t. A quick way to derail a familial political scuffle: Quietly announce that you want to talk about your will. The silence should be automatic. It’s...more

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