Wills, Trusts, & Estate Planning Bankruptcy Civil Remedies

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Locke Lord QuickStudy: The Supreme Court Considers “Fees For Fees”

Lawyers in probate and fiduciary matters, and in bankruptcy and receivership matters, are frequently entitled to seek payment of their fees from a corpus of trust or estate funds. Unlike in employment litigation and civil...more

May the Trustee’s Personal Debt to the Trust Owed as a Result of a Breach of Trust be Discharged in Bankruptcy?

The U.S. Bankruptcy Code provides that a personal debt is not dischargeable if the debt had been occasioned by the debtor’s defalcation while acting in a fiduciary capacity. Courts of appeals had long disagreed about the...more

Fifth Circuit Rules that Inherited IRAs Are Exempt under Code

Originally posted in the ABI Journal, Vol. XXXI, No. 5, June 2012. Editor’s Note: For additional perspective on inherited IRAs, read the May 2011 cover article and a letter to the editor published in the July/August 2011...more

Using Retirement Accounts for Asset Protection

The tax benefits of retirement plans such as 401(k)s and Roth IRAs are well-known; but what many people do not know, is that such plans also provide an added benefit of asset protection. The assets contained within these...more

Fraudsters Beware - Homestead Exemptions Don't Always Work

New tax court case limits the asset protection afforded to Florida residents by Florida's homestead law. If you transfer assets to avoid creditors, do not automatically assume that Florida's powerful homestead exemption will...more

Using Nondischargibility in Bankruptcy Against Financial Abusers of the Elderly

"Stealing the Old Lady's Bundle"? Getting back money from those who cheat elderly parents and then file Bankruptcy. Recovering Money and other property from those who abuse the trust of elderly people in their care or...more

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