News & Analysis as of

Beneficiaries

Can the Beneficiary of a Special Needs Trust Change the Trustee?

The beneficiary of a special needs trust can never control or access trust funds – that is the job of the trustee. A common fear among beneficiaries or their families is that the trustee may not do what’s in the beneficiary’s...more

Do I Need An Estate Plan?

by Ward and Smith, P.A. on

• Do you care who will receive your assets upon your death? • Do you have a minor child or children and want to have a say in who takes care of them if something happens to you? • Do you care who will take care of you...more

Some Important Factors To Consider Before Creating A Special Needs Trust

by Cole Schotz on

A Third-Party Special Needs Trust (also referred to as a “Supplemental Needs Trust”) allows parents or other relatives of a special needs beneficiary to dedicate assets to the beneficiary by gift or inheritance without...more

Every Day is Bitcoin Pizza Day: What Clients and Estate Planners Need to Know about Virtual Currency

by Murtha Cullina on

The combined value of all of the 867 crypto currencies tracked by CoinMarketCap.com is presently over $161 billion. Only seven years ago, on what is commemorated as “Bitcoin Pizza Day,” Bitcoin, then a new crypto currency,...more

Court Affirms Summary Judgment In Will Contest Where There Was No Evidence Of Undue Influence

by Winstead PC on

In Estate of Frye, parties filed an application to set aside an order probating a will due to an allegation of undue influence. No. 07-16-00398-CV, 2017 Tex. App. LEXIS 6992 (Tex. App.—Amarillo July 26, 2017, no pet....more

Look! Up in the Sky! It’s Sibling Lawyer!

by Downey Brand LLP on

I’m a sibling lawyer. My career started early, as a middle child, and now continues as a Sacramento-based trust and estate litigation attorney. Most of my clients are grappling with sisters or brothers over the care and...more

Should Automobiles Be Transferred To A Trust?

by Dickinson Wright on

One of the questions I am often asked by clients is, “Should I transfer my automobiles to my revocable living trust?” I generally advise clients not to transfer their automobiles to their revocable living trust. The primary...more

Court Reverses Finding of Undue Influence

by Bryan Cave on

Undue influence occurs when a person’s free will is overpowered and replaced by the will of another. In Missouri, a finding of undue influence generally requires the person who exerted influence to have been in a position of...more

Virginia Supreme Court Issues New Estate Dispute Opinion

by LeClairRyan on

Back in June of this year, the Virginia Supreme Court handed down a ruling in an estate dispute case that, while it didn’t particularly break new legal ground, provides a helpful overview of the current state of Virginia law...more

Qualified Medicare Beneficiary Program Billing Rules Call

by Reed Smith on

On September 19, 2017, CMS is hosting a call to explain Qualified Medicare Beneficiary (QMB) billing rules, including upcoming changes to the HIPAA Eligibility Transaction System (HETS) and remittance advice to identify...more

Court Affirms Arbitration Decision Arising From Trust Dispute

by Winstead PC on

In Saks v. Rogers, a beneficiary of a trust challenged a trial court’s enforcement of an arbitration decision. No. 04-16-00286-CV, 2017 Tex. App. LEXIS 6923 (Tex. App.—San Antonio July 26, 2017, no pet. history)....more

Court Reverses Finding of Undue Influence

by Bryan Cave on

Undue influence occurs when a person’s free will is overpowered and replaced by the will of another. In Missouri, a finding of undue influence generally requires the person who exerted influence to have been in a position of...more

Take It or Leave It: The Perilous Decision of Whether to Violate a No Contest Clause

by Downey Brand LLP on

One of the most dramatic areas of California trust and estate litigation is no contest clauses. No contest clauses bring a made-for-tv excitement to the practice of trust and estate law because of the risk of...more

Pa. Supreme Court Upholds Trustee Replacement Rules

by Barley Snyder on

A recent Pennsylvania Supreme Court case clarified the ability of the beneficiaries of a trust to remove a corporate trustee. In a highly anticipated case, the Court unanimously refused to permit the beneficiaries of an...more

Best in Law: The Pros and Cons of the No-Contest Clause - Trusts and Wills

by Best Best & Krieger LLP on

No-contest clauses are generally included in trusts and wills in California in an attempt to prevent challenges to an estate plan after death. Originally published in the Press-Enterprise - July 30th, 2017....more

ERISA (7th Circuit): Are ERISA Plan Forum Selection Clauses Enforceable?

You already know that ERISA gives plan beneficiaries a choice on where to bring suit seeking ERISA benefits. Section 1132(e)(2) allows plan beneficiaries to bring suit “in the district where the plan is administered, where...more

Ninth Circuit Raises Bar for Approving Changes in State Medicaid Reimbursement

by Perkins Coie on

The U.S. Court of Appeals for the Ninth Circuit Court raised the bar last week for what states must prove to establish that their Medicaid provider reimbursement rates are sufficient to ensure a robust network of providers...more

Would a spendthrift trust help achieve your estate planning goals?

A person doesn’t have to hold onto assets until the day he or she dies with the hope that heirs will change their ways by that time. Instead, consider using a spendthrift trust that can provide protection, regardless of how...more

Top Six Reasons NOT to Have an Estate Plan

Tired of bossy blogs telling you to get an estate plan? Good advice is boring. Your life is exciting and should have a dramatic ending. And you can have it. ...more

Top Five Reasons to Establish and Fund Your Revocable Trust

by Pullman & Comley, LLC on

A Revocable Trust (sometimes known as a Revocable Living Trust or Inter Vivos Trust) is an arrangement established by a person (the “Settlor” or “Grantor”) to direct how his or her assets are to be managed during life and...more

Do You Have a Reasonable Expectation of Receiving Dividends if You Acquired Your Shares in a Family-Owned Corporation Through Gift...

by Murtha Cullina on

Corporate shareholders often expect to receive dividends in connection with their ownership of corporate shares. This is particularly true when owners invest capital in or provide other services to the company in exchange for...more

Win One for the Fiduciary – The PA Supreme Court Clarifies the Interplay of UTA Provisions

As counsel to fiduciaries across our great Commonwealth, I was beginning to despair that changing one’s trustee was becoming as easy as changing the oil in one’s car. In the seminal case of Trust Under Agreement of Edward...more

Recent case law update: Treatment of Trust Assets — Akers (and others) v. Samba Financial Group (2017)

by Latham & Watkins LLP on

The English Supreme Court has delivered a ruling that provides helpful guidance on the enforceability of trusts in respect of assets located in foreign jurisdictions that do not recognise trusts. The ruling also highlights...more

Advisors Advantage - July 2017

by Ary Rosenbaum on

Creating Content That Will "Click". It will help you in the long run. In the old days, newspaper and television advertising were the way that you could get your message across to potential clients and sources for...more

Forcing the Production of Information in Probate Litigation When You Have Been Disinherited

by Reminger Co., LPA on

Can a disinherited person force the production of information necessary to substantiate the efforts required to pursue a challenge to a Will, beneficiary designation, or Trust? Isolation and manipulation of a loved one by...more

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