News & Analysis as of

Trustees Estate Planning

Shumaker, Loop & Kendrick, LLP

The Estate Planner, November/December 2024

Loan or gift? Handle intrafamily transfers with care - If you’re like most people, an important goal of estate planning is to provide financial assistance to your children or other loved ones, ideally at the lowest...more

Gould + Ratner LLP

National Estate Planning Awareness Week

Gould + Ratner LLP on

National Estate Planning Awareness week was adopted in 2008 by the House of Representatives to help the public understand the importance of estate planning. In honor of National Estate Planning Week, we wanted to highlight a...more

Dickinson Wright

Ontario Court of Appeal Clarifies Limitation Periods for Loans, Gifts, and Estate Claims

Dickinson Wright on

The question of when a lawsuit can be commenced in Ontario seems pretty straightforward – in general, a plaintiff has two years from the date when the basis for a claim is (or should have been) discovered. It sounds simple...more

Fleurinord Law PLLC

Golden Divorce & Estate Planning: Why Updating Your Beneficiaries is Essential

Fleurinord Law PLLC on

The term "gray divorce" is commonly used to describe later-life separations, but "golden divorce" might be a more fitting term, suggesting optimism and new beginnings. This concept reminds me of the beloved 1980s sitcom The...more

Potomac Law Group, PLLC

Can a Disadvantaged Individual Hold Their DBE Ownership in Trust? Recent Revisions to the Regulations Are Unclear

Potomac Law Group, PLLC on

Many business owners consult with accounting and tax professionals on how to best accomplish their financial goals and estate planning, but sometimes those decisions run afoul of what is allowable under the Disadvantaged...more

Carey Olsen

A guide to Cayman Islands STAR Trusts

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The Cayman Islands provides for a unique form of statutory trust known as a “STAR Trust”. “STAR” is an acronym for the Special Trusts Alternative Regime, now contained in Part VIII of the Trusts Act (as revised) (the "STAR...more

Kohrman Jackson & Krantz LLP

Can an Irrevocable Trust Be Changed? Insights from Rupert Murdoch's Case

The Murdoch heirs are battling over control of their multi-billion-dollar media empire. Adding to the complexity, the fight involves an irrevocable trust which Rupert Murdoch created in 1999. He executed the trust after...more

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

The Uniform Trust Code inadvertently puts a bullseye on the trustee’s doctrinally indispensable affirmative duty to furnish all...

Many of my prior JDSUPRA postings caution that codification of the law of trusts, such as the Uniform Trust Code (UTC), are only partial codifications. See the catalogue of my prior postings below. There is much prevailing...more

Winstead PC

Court Reversed A Summary Judgment On Whether A Power Of Attorney Agent For A Settlor Had The Authority To Change The Designation...

Winstead PC on

In Bass v. Bogle, settlors, husband and wife, created a trust that owned the majority interest in a closely-held business, and they had two children. No. 03-23-00319-CV, 2024 Tex. App. LEXIS 5034 (Tex. App.—Austin July 18,...more

Kohrman Jackson & Krantz LLP

The Richard Simmons Estate Battle: A Lesson in Co-Trustee Conflicts

The recent case of Richard Simmons, the beloved and iconic fitness guru, is a notable example of the conflicts that can arise when co-trustees are appointed to manage an estate. Co-trustees need to work together in order to...more

Carey Olsen

Types and uses of Cayman Islands law trusts

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The Cayman Islands is one of the leading jurisdictions for the establishment and management of trusts. It has a sophisticated professional trust sector, modern trusts legislation and an effective judicial system. There is a...more

Winstead PC

Court Affirmed Order Reinstating Receivership While Case Was On Appeal

Winstead PC on

In Bogle v. Bass, a trial court granted a motion for receivership in a trust dispute under “under the rules and principles of equity” under Texas Civil Practice and Remedies Code Section 64.001(a)(6). No. 03-23-00491-CV, 2024...more

Bowditch & Dewey

Fox and Family? Lessons from the Murdoch Family Trust

Bowditch & Dewey on

Irrevocable trusts can be effective for estate planning, but they can also create problems. This blog post will draw lessons from the case of Rupert Murdoch, the billionaire owner of Fox News and News Corporation, who is...more

Warner Norcross + Judd

Issues to Consider Before Creating a Silent Trust

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While a silent trust could solve issues for some settlors, this trust arrangement comes with some complexities that must be considered. Additionally, even with the best-laid plans, there is the potential for an inadvertent...more

Bennett Jones LLP

Ontario's Court of Appeal Clarifies Limitation Period for Equitable Trust Claims Against Estates

Bennett Jones LLP on

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

Saul Ewing LLP

Tips for Trustees: Avoiding Breach of Fiduciary Duty Claims

Saul Ewing LLP on

For many clients, the inclusion of revocable and/or irrevocable trusts as part of their overall estate plan is an important feature. Revocable trusts can allow for probate avoidance and estate tax planning, whereas...more

Saul Ewing LLP

Unlocking the Benefits of a Revocable Trust: Flexibility, Control, and Peace of Mind

Saul Ewing LLP on

The benefits of a Revocable Trust are three-fold. Firstly, assuming that the Revocable Trust is properly funded with all of a person’s assets, a Revocable Trust helps avoid a state’s probate procedure, which can be costly...more

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

Equity’s maxims have many jurisprudential functions, one critical function being to sinew the equitable principles that regulate...

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

Robins Kaplan LLP

The Wealth Dispute Navigator: Which Profile Are You?

Robins Kaplan LLP on

Over the next two decades, reports are estimating that baby boomers will pass down a combined $84.4 trillion in assets to younger generations. Dubbed the “Great Wealth Transfer,” this phenomenon is already underway and will...more

Farella Braun + Martel LLP

John Wick - What You Need To Know about the Corporate Transparency Act

Welcome to The Verdict: Estate Planning Through Film. In episode two, host Hons Yung is joined by Farella Braun + Martel's Greg LeSaint to discuss the movie John Wick and the Corporate Transparency Act (CTA). Greg breaks...more

Goodell, DeVries, Leech & Dann, LLP

Bennett v. Gentile: Maryland’s Supreme Affirms Strict Privity Rule in Legal Malpractice Cases

Maryland’s Supreme Court declined to overturn the strict privity rule in legal malpractice cases. The rule, which generally bars third parties from suing lawyers, was a key issue in the recent Bennett v. Gentile decision. ...more

Kilpatrick

Estate Planning for Real Estate: Vacation Home Edition

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As summer draws to a close, you may find yourself reminiscing about your vacations taken earlier this season. Those vacations may have involved traveling to your second home with your family. If you own a vacation home, now...more

Warner Norcross + Judd

Silent Trusts Have Come to Michigan

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Recently, Michigan added a new section to the trust code, making it possible for trust settlors to create “quiet” or “silent” trusts in Michigan. As the name implies, in a silent trust arrangement, a trustee is not required...more

Winstead PC

Court Reversed Summary Judgment On Whether A Person Was The Current Trustee And On Certain Modification Claims But Affirmed...

Winstead PC on

In Crossley v. Crossley, a plaintiff, who was the beneficiary of, or had the power to designate the beneficiary, in two trusts established by his mother, and he filed suit requesting that the court determine whether he or his...more

Dunlap Bennett & Ludwig PLLC

The Strategy Behind Spousal Lifetime Access Trusts (SLATS)

With continuing uncertainty regarding the federal estate tax laws, the Spousal Lifetime Access Trust (SLAT) is a popular option that helps high net-worth individuals maintain flexibility while maximizing their financial...more

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