News & Analysis as of

Wills, Trusts, & Estate Planning Criminal Law

Read Wills, Trusts, & Estate Planning updates, articles, and legal commentary from leading lawyers and law firms:

12 months' imprisonment for breach of disclosure order

by DLA Piper on

On 17 May 2017, the English Court handed down a 12 month prison sentence against an individual, Mrs Sandhu, for repeated breach of a disclosure order in Kimyani v Sandhu [2017] EWHC 1302 (Ch)....more

Has the non-commercial trust relationship for the most part managed to avoid the cross hairs of the Financial Crimes Enforcement...

by Charles E. Rounds, Jr. on

FinCEN issued (05/11/2016) final rules under the Bank Secrecy Act “to clarify and strengthen customer due diligence requirements” for: Banks; brokers or dealers in securities; mutual funds; and futures commission merchants...more

How to Recognize and Prevent Abuse of People with Special Needs

For a variety of reasons, people with special needs are more likely to suffer physical, mental and financial abuse than are others. Whether a physical disability prevents someone from protecting himself from bullying or a...more

Fiduciaries And Beneficiaries Should Be Aware Of Criminal Statutes

by Winstead PC on

There are several criminal statutes that implicate fiduciary activities in Texas that are not well-known: misappropriation of fiduciary property and financial exploitation of the elderly. Though these may be similar in some...more

Court Affirmed Government Seizure Of Trust Asset

by Winstead PC on

In 3607 Tampico Dr. v. State, the government brought a forfeiture proceeding under Texas Code of Criminal Procedure Article 59.02(a) for a house owned by a trust. No. 11-13-00306-CV, 2015 Tex. App. LEXIS 13056 (Tex....more

CPA-Client Privilege Doesn't Extend to Criminal Proceedings

by Farella Braun + Martel LLP on

It's Monday morning and your client, who recently retained you for estate tax planning advice, informs you that the IRS is auditing her income tax returns from the past three years. In reviewing her tax returns and financial...more

PA Unclaimed Property Filings Due April 15: Legislative Changes Impact Reporting Requirements and Enforcement Powers

The deadline for filing a 2014 Abandoned and Unclaimed Property Report with the Pennsylvania Treasury Department is April 15. Major changes were made to PA's Disposition of Abandoned and Unclaimed Property Act (the...more

Guarding against a Trust's Destruction by Merger

by Charles E. Rounds, Jr. on

A trust is not a trust if the “trustee” alone holds legal title to the subject property and alone possesses the entire beneficial/equitable interest. Instead, he owns the subject property outright and free of trust, all...more

Increase in Elder Financial Abuse Requires Vigilance, Careful Planning

This May, Ohio Attorney General Mike DeWine launched an initiative aimed at prosecuting abuse of elderly Ohioans. This initiative comes as no surprise, as the incidence of financial exploitation of the elderly is becoming...more

False Foreign Gift Claims and Wire Fraud

by Sanford Millar on

A scheme that some dual national taxpayers have used involves claiming exemption from foreign jurisdiction taxation because they are U.S. taxpayers and then not reporting the offshore account or its income as required by U.S....more

IRS Identifies ‘Attorneys-in-Fact’ as Potentially Required to File Under the Foreign Bank Account Reporting Rules

by Lane Powell PC on

Most United States persons who have foreign financial accounts are aware that they must file an annual report to the Internal Revenue Service (IRS) with respect to these accounts. Less well known, however, is that individuals...more

Last Wishes, First Impression: Potential legal issues arise after Munich recluse passes away, bequeathing Nazi-looted art to a...

Cornelius Gurlitt’s notarized will, which did not surface until after his unexpected death this past May, lists the Kunstmuseum Bern in Switzerland as the heir to his vast art collection, which included works by Matisse, Dix,...more

Script Newsletter: March 2014

by Poyner Spruill LLP on

In this issue: - A Look Behind the OIG’s Work Plan - Do You Need an Estate Plan? - Same-Gender Marriage Implications for Employee Benefit Plans - New Child Abuse Reporting Law Gets Tough -...more

Council of EU Publishes UK Issues Paper on MLD4

On November 24, the Council of the European Union published a note (dated November 8, 2013) from the Council Presidency to Council Delegations which includes a UK issues paper on the fourth Money Laundering Directive (MLD4)....more

Elder Financial Abuse: Prevention and Remedies

by Jonathan Foxx on

I have written about elder financial abuse, and I will keep writing about it until stops. It is unfathomable to me that schemes to defraud the elderly are so pervasive. These seniors are attractive targets for financial...more

State of Iowa v. Rodney Lee Bean Affirms Need for Oversight of a Representative Under Power of Attorney

by Davis Brown Law Firm on

A recent criminal case, State of Iowa v. Rodney Lee Bean, Court of Appeals of Iowa, No. 3-494/11-1828 (September 5, 2013), shows us how elderly individuals can be easily abused, both physically and financially....more

Life Insurance Beneficiary Who Murdered Policyholder Is Not Entitled To Benefits

Applying the common law “slayer rule,” a federal district court in New York held that a beneficiary of an ERISA-governed life insurance plan forfeit his claim to insurance proceeds after he pled guilty to murdering the...more

Firearms Perils

by Charles (Chuck) Rubin on

Federal and state law can create significant criminal liability exposure to clients, fiduciaries and planners when firearms are involved. ...more

IRS Announces Information Sharing Agreement With Australia And The UK To Combat Tax Evasion

by Gray Reed & McGraw on

The IRS continues to aggressively pursue offshore tax evasion. Another example of which is plan to share tax information with Australia and the United Kingdom....more

When Should I Call a Lawyer?

by Crider Law PC on

You don’t need a lawyer for everything, but there are a few times in life when hiring a lawyer is a necessity....more

Elder Financial Abuse

by Jonathan Foxx on

The Consumer Financial Protection Bureau is involved in providing financial protection against elder abuse; indeed, it is specifically tasked with that responsibility. The Bureau's Office of Older Americans is charged by the...more

Divorce can be costly, especially when it reveals undisclosed foreign assets.

by Sanford Millar on

Divorce is one of the major triggers that ends up revealing foreign assets. And the problem for divorcing couples is even if they agree on the division of assets, it can be difficult if not illegal, to try and do it...more

NJ LAWS Email Newsletter E391

by Kenneth Vercammen, Esq. on

NJ LAWS Email Newsletter E391 In This Issue: 1. "How to Appeal Your New Jersey Property Taxes and Win" 2. 911 Operators Immune from Mishandled Calls. 3. County not Liable for Laxity in Road Inspections. ...more

NJ LAWS Email Newsletter E390

by Kenneth Vercammen, Esq. on

NJ LAWS Email Newsletter E390 In This Issue: Recent Cases 1. Non-Profit Facility not Liable for Criminal Acts of Employee. 2. No Vacating of 2005 Guilty Plea where Defendant did not prove he was misadvised by...more

NJ LAWS Email Newsletter E389

by Kenneth Vercammen, Esq. on

NJ LAWS Email Newsletter E389 In This Issue: Recent Cases 1. Lab Report Not Admissible in DWI Case. 2. Laurick Motion to vacate DWI guilty plea Requires Prima facie Case for Relief. 3. Social Networking...more

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