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Trustees Wills

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

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

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

Allen Barron, Inc.

Estate Planning for Pets in San Diego and Throughout California

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What do you need to know about estate planning for pets in San Diego and throughout California? What are some of the essential elements of an effective estate plan that will protect your beloved companion(s) while ensuring...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

Mandelbaum Barrett PC

Understanding Guardianship: Lessons from Wendy Williams’ Legal Battle

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It is fascinating when the types of cases we handle in our practice come to life in the media. Recently, former talk show host Wendy Williams has been the subject of media attention because she has a court-appointed...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

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

Lowndes

Start 2025 Right: Update Your Estate Plan with a Preneed Guardianship Designation

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It is the start of a new year which means that it is a great time to update or refresh your estate plan. In Florida, planning for the future is a crucial step to ensure that your wishes are honored, and your loved ones are...more

Offit Kurman

Not Knowing the Tax Implications of How Your Client is Classified?

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Welcome to Lost in Translation: Blunders in International Estate Planning; in this blog series, I will delve into the rarified world of international estate planning, shedding light on possible pitfalls and slip-ups....more

Poyner Spruill LLP

Clear Drafting in Estate Planning: Lessons from Abitol v. Clark

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The North Carolina Court of Appeals’ recent decision on December 3, 2024 in Abitol v. Clark highlights the critical role of clear drafting in estate planning and raises novel legal questions regarding the inheritance rights...more

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

When virtual representation is not an option in trust-reformation litigation

In an external contract-based or tort-based dispute between the trustee and a third party to the trust relationship, the beneficiaries are generally not necessary parties. But all beneficiaries (of an irrev. trust) whose...more

DarrowEverett LLP

Trust Administration: Key Steps to Protecting Your Legacy

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Estate planning is an essential process which can ensure that your wealth is distributed appropriately after you pass. Every estate planning attorney’s goal is to assist clients to protect their assets, instead of allowing...more

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

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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

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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

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

Saul Ewing LLP

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

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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

Winstead PC

Court Affirmed The Removal Of An Executor For Gross Mismanagement

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In Gordon v. Gordon, a couple created a revocable trust and named a friend, who provided financial advice, as successor trustee. No. 03-22-00454-CV, 2024 Tex. App. LEXIS 3611 (Tex. App.—Austin May 23, 2024, no pet. history)....more

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

Adler Pollock & Sheehan P.C.

Estate Planning Pitfall: You Haven’t Informed Your Family About Your Estate Plan

There’s no question that creating an estate plan can be a major undertaking. But finally putting all the pieces of your plan together can bring peace of mind. However, it’s beneficial to take the next step and talk to your...more

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