News & Analysis as of

Trusts Revocable Trusts

Best Best & Krieger LLP

How to Navigate Trust Amendments: When Probate Code Compliance Meets Trust Procedure Failures

Earlier this year, the California Supreme Court ruled that a trust amendment can be valid even if the trustor did not follow the specific amendment procedure referenced in the trust document itself because the trustor (trust...more

Allen Barron, Inc.

Passing Assets and Accounts to Your Heirs Is About To Become Much More Difficult

Allen Barron, Inc. on

If you are in the process of long-term estate planning or updating an existing estate plan, the process for passing assets and accounts to your heirs is about to become much more difficult and expensive. Presently, each...more

Allen Barron, Inc.

What do You Need to Know About A Trust and Why?

Allen Barron, Inc. on

Most US homeowners and business owners understand the importance of an estate plan; they just never seem to get around to completing the task. What do you need to know about a trust? Why are trusts a central component of any...more

Husch Blackwell LLP

Guide to Reviewing Your Estate Plan

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Because so many things can change with time, we recommend that our clients review their estate plans every three to five years and update plans as needed. These periodic reviews help to ensure that your affairs are in order,...more

Rivkin Radler LLP

Estate, Gift, GST & Related Income Tax Proposals – What is the White House Doing?

Rivkin Radler LLP on

Earlier this week the White House released its Fiscal Year 2025 Budget. Of course, the federal government has not yet adopted a budget for the Fiscal Year 2024 even as we approach that year’s halfway mark. But I digress. The...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, March/April 2024

Revocable trusts - Don’t forget to fund the trust throughout your lifetime - Many estate plans are built around revocable trusts (sometimes called “living trusts”). These trusts allow you to 1) avoid the time, expense...more

Lippes Mathias LLP

Considerations When Choosing Between a Trust vs. Will Estate Plan

Lippes Mathias LLP on

There are a number of considerations to make when deciding whether to proceed with a Will-based estate plan or a trust-based estate plan. First, as a general matter, there are two ways in which your estate can be distributed...more

Warner Norcross + Judd

Trusts 101: Living or Testamentary; Revocable or Irrevocable; Grantor and Non-Grantor – What Does All of This Mean?

Trusts are described in multiple ways, including: living or testamentary, revocable or irrevocable and grantor or non-grantor. These terms are not always mutually exclusive. A trust can be living, revocable and a grantor...more

Allen Barron, Inc.

Success is Built into Business Succession

Allen Barron, Inc. on

Isn’t it interesting that success is built into business succession. Still, most US companies do not have a business succession plan in place. What is business succession planning and how does it enhance your own success and...more

Adler Pollock & Sheehan P.C.

Estate Planning Pitfall: You Didn’t Retitle Assets to be Included in a Trust

There are numerous benefits of using trusts in your estate plan. For example, trusts can maximize the tax code provisions shielding assets from gift and estate taxes, protect assets from the clutches of creditors or...more

Rivkin Radler LLP

The Importance of Estate Planning

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When we think about making plans to secure our future, generally the discussions revolve around education, career, family, and finances. Creating a comprehensive estate plan, including effective advanced directives, can elude...more

Warner Norcross + Judd

When are Probate Court Decisions and Arbitration Decisions of Probate Disputes Appealable?

Warner Norcross + Judd on

In the recent case In Laureen Gordon Revocable Trust, the Michigan Court of Appeals digs into these questions. Gordon Trust involved a fight between an uncle and his niece and nephew primarily over the distribution of family...more

Sheppard Mullin Richter & Hampton LLP

Trust and Estate Considerations With the Corporate Transparency Act

The Corporate Transparency Act (“CTA”) was enacted as part of the National Defense Authorization Act and establishes that certain types of business entities must report to the Financial Crimes Enforcement Network (“FinCEN”)...more

Lasher Holzapfel Sperry & Ebberson PLLC

Estate Planning – Do I Need a Revocable Living Trust?

One of the most common questions we hear from our clients is “do I need a revocable living trust?” While in some states a revocable living trust is a vital component of any estate plan due to those state’s probate laws,...more

Lathrop GPM

Wealth, Legacy and the Next Generation: Getting Started and Other Considerations

Lathrop GPM on

Legacies and estate planning are often considered to be something later in life. Yet the truth is none of us have any idea when we might become incapacitated or pass away and consequently, understanding the various scenarios...more

Dunlap Bennett & Ludwig PLLC

The Guardians Of A Trust: What Is A Trust Protector?

What is a Trust? A Trust is a legal entity involving three roles: The Grantor or “Trustor”, the Trustee, and the Beneficiary. The Grantor (the creator of the trust) will give the Trustee the right to hold and manage property...more

Harris Beach PLLC

Estate Planning: Eight Steps to Take Now

Harris Beach PLLC on

Many think estate planning is only a concern for those who are later in their stage of life or wealthy. They put it off for years, or entirely. Estate planning is for everyone and essential to maintain financial security...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, September/October 2023

Preparing for 2026 - Four ways to build flexibility into your estate plan - January 1, 2026, is a significant date for estate planning. On that day, the federal gift and estate tax exemption amount set by the Tax Cuts...more

Winstead PC

Court Affirmed Temporary Injunction Precluding A Surviving Spouse From Acting As Trustee Of A Trust

Winstead PC on

In Kirkland v. Kirkland, a husband and wife created a revocable trust. No. 02-22-00469-CV, 2023 Tex. App. LEXIS 3598 (Tex. App.—Fort Worth May 25, 2023, no pet. history)....more

Bowditch & Dewey

Should You Have a Trust for Your Child?

Bowditch & Dewey on

There may have been a time in your life when you had a piggy bank for your child – a fun and interactive way for you to teach money management, patience, and basic math. The money went in, but it was often difficult to...more

Downey Brand LLP

Another Trust Modification Decision Adds to the Logjam

Downey Brand LLP on

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

Rivkin Radler LLP

Back to Basics: Wills & Revocable Trusts

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I am often asked about the difference between wills and revocable trusts, so I thought it important to explain the purpose of each. Wills and revocable trusts basically do the same thing – each is a document in which you...more

McGuireWoods LLP

Recent Cases of Interest to Fiduciaries: May 2023

McGuireWoods LLP on

In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following... ...more

Rivkin Radler LLP

Cocktails & Estate Planning are Not Necessarily Good Mixers

Rivkin Radler LLP on

Oh, the things you hear at cocktail parties: “Everyone should have a revocable trust,” “It’s easy to change your residence to Florida for tax purposes – just count days and get a Florida license,” “Make all your trusts...more

Warner Norcross + Judd

When a Non-trustee Helps Administer the Trust

Warner Norcross + Judd on

In re Esther Kratzer Revocable Trust & In re Wendell Kratzer Revocable Trust, Docket Nos 357860, 357861 (Mich Ct App Mar 23 2023) (unpublished). Wendell and Esther Kratzer, husband and wife, had four children including...more

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