Should I use a parenting coordinator?
What is a Special Master?
How does mediation work in my divorce?
What is Community Property?
What is an AFI? How is it used in my case?
Arbitration vs. Trial
Why does my spouse have an interest in my separate business?
Does my spouse's affair have an impact on my divorce case?
Parenting Time in Arizona - What Does it Mean?
If I won my case, why do I need to worry about an appeal?
What is a Parenting Coordinator and Why Do We Need One?
What is arbitration?
What are the advantages of mediation?
How much will I receive in spousal maintenance?
Do same sex couples have the same legal rights as other couples?
What are the steps of an appeal?
What is Opting Out?
How is litigation involving spouses handled in Arizona?
Is a trial my only option during a divorce?
Fighting for Education Rights: Equal Justice for Pregnant and Parenting Students
In re Estate of Fournier, 902 A.2d 852 (Me. 2006) illustrates how a fundamental conversion of the trust relationship by legislation or otherwise into a juristic entity/person might well limit the trust’s practical...more
Why it matters -
In a noteworthy decision, the Delaware Court of Chancery ruled that a lender could be held liable for aiding and abetting a breach of fiduciary duty by directors of a public company borrower by including...more
The trustee is not an agent of the beneficiary. The trustee's duty not to delegate the administration of the trust could well be implicated if the trustee without authority were to behave as if he were the beneficiary's...more
The Anglo-American trust is an invention of the judiciary, specifically the English Court of Chancery. The will, a testamentary instrument, on the other hand, is a creature of statute. The testamentary trust is a product of...more
These abstracts are provided as a service to the readers of Rubin on Tax to advise them of articles that may be of interest to them, both as they are published and as a research tool...more
QUESTION: I am a receiver appointed pursuant to stipulation in an action pending in superior court between a husband and a wife over the operation of a business they own. After operating the business for many months, I agreed...more
The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,...more
The law review article "The Massachusetts Uniform Trust Code: Context, Content and Critique," 96 Mass. L. Rev. 27 (2014), co-authored by Courtney J. Maloney and Charles E. Rounds, Jr., contains a detailed discussion of the...more
Is a quiet or silent trust illusory? The question is intentionally ambiguous. Is the question whether the trust itself is illusory, or just its quietness? A quiet or silent trust has been defined as “an irrevocable trust...more
In a recent private letter ruling, the question was raised whether an LLC interest that received a preferred return with additional LLC cash flow going to other common interests could qualify for the marital deduction if...more
The charitable trust can have certain practical advantages over the charitable corporation, at least in some quarters and under certain circumstances. Operational simplicity and low-cost maintenance are some of the pluses....more
In This Issue:
- To preserve your wealth, consider a DAPT
- Estate planning for same-sex spouses: What the Supreme Court’s DOMA ruling means
- Using an FLP or LLC? Beware the step transaction...more
Conducting an asset search on a subject is the first step for businesses and individuals to receive payments that are due to them. Most thorough asset searches cost less than $300.00 and provide existing assets of a subject...more
Whenever a privately held business is among the assets in a dissolution proceeding, certain fundamental issues must be addressed in the context of determining the value of the business. If the business is relatively small in...more
How Your Business or Company Can Benefit From an Asset Search
It has become increasingly important over the past few years for businesses and companies to collect debts that are owed to them. The economy has been in poor...more
In This Issue:
- IRS Audits: Understanding Criminal Rights and Risks
- Amazing Clients®: Ravago: A Big Company with a Low Profile
- When is a Mom not a Mom?: De Facto Parenting in Massachusetts
- Can the...more
As an owner of a closely-held private business you likely hold voting shares in your corporation. These shares allow you to exercise some control over the corporation by giving you the right to vote for corporate directors...more
Massachusetts is an equitable division state. This means that all property, whenever and however acquired, may be subject to division as well as utilized for support in a divorce case. If you are an owner or a shareholder in...more
While the new law is projected to raise taxes by about $600 billion in the next 10 years, it offers some comfort for many taxpayers who may have been preparing for the worst
On November 29, 2012, the Commodity Futures Trading Commission (the “CFTC”) released a blanket No-Action Letter providing relief from registration as a Commodity Pool Operator (“CPO”) to family offices that qualify for the...more
Facts & Law:
A. Income taxes must be assessed within 3 years of the later of the date the return is filed or the due date of the return.
B. However, the assessment period remains open indefinitely “in the...more
The trustee's primary allegiance is to the beneficiary, not to the non-beneficiary spouse or ex-spouse, unless the express terms of the trust provide otherwise. Thus, when there is marital discord, the trustee must suppress...more
On April 5, 2012, President Obama signed the Jumpstart Our Business Startups Act (the “JOBS Act”) into law. The JOBS Act encompasses several significant changes to the federal securities laws, providing a proverbial facelift...more
Find a Family Law Author »
Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up to create your digest using LinkedIn*
Back to Top