News & Analysis as of

Beneficiaries Trust Administration

Patton Sullivan Brodehl LLP

Failure to Pay Attention to Trustee Notice Can Be Fatal

Understanding the significance of trustee notice, as mandated by Probate Code Section 16061.7, is crucial in trust administration.  This notice is required upon the occurrence of certain events, most notably, when a trust...more

DarrowEverett LLP

Time to Step Up? Florida’s Community Property Trust Act Worth A Look

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Unknown to many Floridians, Florida enacted the Community Property Trust Act which went into effect on July 1, 2021, and established the ability to convert non-community property into community property. The community...more

Lathrop GPM

Minnesota Court of Appeals Decides Beneficiary Subject to Fiduciary Duty When Exercising Power to Remove Trustee

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On November 6, 2023, the Minnesota Court of Appeals issued its opinion in In the Matter of the Trust Agreement of Genevieve M. Rossow. Among other topics, the court’s opinion addressed whether a trust beneficiary’s power to...more

Winthrop & Weinstine, P.A.

Minnesota Court of Appeals Ruling Impacts Estate Administration for Medical Assistance Recipients

In a unanimous decision filed Monday, November 20, 2023, the Minnesota Court of Appeals affirmed a district court opinion that limits medical assistance claims against estates to only the amount of long-term-care services...more

Winstead PC

[Webinar] Fiduciary Litigation Update 2022-2023 - December 19th, 10:00 am - 11:00 am CT

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This update will address the following issues: whether a party has a right to jury trial in trust modification and other similar actions, what are the standards for pretrial receivership and injunctive relief in trust...more

Saiber LLC

Fiduciaries in Estate Matters: Who do you Trust? (Pt. II)

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In the last alert, we reviewed the responsibilities of an executor. In this next introductory review, we will discuss the role of a trustee. Before we define the role of a trustee, we must explain the definition of a...more

Cole Schotz

Named As A Trustee And Wondering What To Do? Here Is A Checklist Of Duties To Get You Started

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Maybe a friend or a relative has recently passed away and you just received a communication informing you that you have been named as a trustee. You have no idea what this role entails, and you feel overwhelmed having no...more

Burns & Levinson LLP

In the Aftermath of Loss: The First Steps of Estate Administration

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The days and weeks immediately following the passing of a loved one can be extremely stressful and emotional. Arrangements must be made, and paperwork comes flooding in, all while you are coping with the loss and grief. This...more

Gray Reed

Illegitimate Heirs – Trust Language: “Hi, I Think Your Dad is also My Dad” – Part 2

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Mary Goodblood grew up believing that she was the only daughter of Cash Goodblood. One day, 25 years after Cash died, and to no one’s surprise after the lucrative sale of the Goodblood family business was plastered on the...more

Burns & Levinson LLP

Challenging a Will: What We Can Learn From Priscilla Presley

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Elvis Has Left the Building - In 1977, when Elvis Presley died (to put a complicated situation very simply), his estate and any future royalties generated by his intellectual property, including his music, passed into a...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Hello 2023: What 2022 Estate and Trust Developments Mean for the New Year - January 19th, 12:00 pm - 12:30 pm ET

2022 saw a number of changes to legislation affecting trust and estate planning and administration, including some revisions to tax guidelines. In this webinar, Whitney O’Reilly will recap key updates from the previous year,...more

Burns & Levinson LLP

Can I Fight My Family Member’s Inheritance?

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Picture this: your great aunt has died and left you and your brother each one million dollars, her entire estate, in a will. Great, right? Now imagine that your brother never appreciated your great aunt during her lifetime,...more

Lippes Mathias LLP

Hiring Counsel for Estate and Trust Administration Could Help You Avoid an Expensive Conflict

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Losing a family member or friend is a difficult situation for everyone. In 1969, the Swiss-American psychiatrist Elizabeth Kübler-Ross wrote in her book “On Death and Dying,” that grief could be divided into five stages:...more

Tucker Arensberg, P.C.

Fiduciary Exception to Attorney-Client Privilege is Alive and Well in Pennsylvania (For Now)

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On May 23, 2022, the Superior Court of Pennsylvania held that the fiduciary exception to the attorney-client privilege and attorney work product doctrine is consistent with Pennsylvania law. This ruling was highly anticipated...more

Burns & Levinson LLP

Will My Estate Plan Protect My Loved Ones?

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It is a common misconception that if a person has a will, there will be no need for court proceedings upon their death. In Massachusetts, however, a will must always be admitted to probate, a process requiring various forms...more

Burns & Levinson LLP

Choosing the Proper Fiduciaries for Your Estate Plan

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When preparing your estate plan, it is essential to designate the proper fiduciaries to handle your affairs during your incapacity or after your death. How do you choose the right person for each of these roles? This is one...more

McDermott Will & Emery

[Ongoing Program] 2022 Trust & Estate Controversy Forum - Day 2 - September 22nd, 9:00 am - 12:30 pm EDT

Join us for an interactive two-day webinar that will focus on the multifaceted issues impacting fiduciaries and beneficiaries. We’ll highlight hot topics in the administration of trusts and estates, and we’ll discuss how to...more

McDermott Will & Emery

[Ongoing Program] 2022 Trust & Estate Controversy Forum - Day 1 - September 21st, 9:00 am - 12:30 pm EDT

Join us for an interactive two-day webinar that will focus on the multifaceted issues impacting fiduciaries and beneficiaries. We’ll highlight hot topics in the administration of trusts and estates, and we’ll discuss how to...more

Downey Brand LLP

Late Trust Contest May Trigger Enforcement of No Contest Clause

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No contest clauses generally are not enforceable against beneficiaries of California trusts when there is “probable cause” to challenge the trust instrument. Yet the probable cause safe harbor may disappear if the contest...more

Sands Anderson PC

When Two Trusted Advisors Disagree

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Occasionally, you may receive conflicting advice from two people – both people you trust, both skilled in their fields. How do you decide what to do?...more

Burns & Levinson LLP

How Do I Protect My Generous, Impaired Grandparent?

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Picture this: your beloved grandfather hands out cash gifts to his three grandchildren every year on their birthdays. Each grandchild receives $100 every year like clockwork. Then, one year, your grandfather gives your cousin...more

Lowenstein Sandler LLP

The Case of the Disappearing Trust

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Lowenstein Sandler lawyer Joseph Romano and investment advisor Julie Jackson discuss creating, managing, and investing trusts, plus how to keep a child with a trust from turning into a trust fund baby. Speakers: Warren...more

Burns & Levinson LLP

Dying Without a Will — What’s the Worst that Can Happen?

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It is very difficult for many of us to acknowledge that death is, eventually, a certainty for all of us. It’s a topic we’d like to avoid altogether, and it’s something we often avoid planning for because to plan for death is...more

Burns & Levinson LLP

The Importance of Explaining Estate Plans to Your Adult Children

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Last week, my colleague Noelle Lussier provided valuable insights into avoiding probate litigation. Building off of that, with a particular emphasis on litigation concerning the validity of Wills and Trusts, one common theme...more

Downey Brand LLP

Zach Young, Second Generation Fiduciary, Helps Families with Transitions

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Zachary Young is a private professional fiduciary with CMY Fiduciary Services in Sacramento. His mother, Carolyn M. Young, began work as a fiduciary in 1986. Zach received his bachelor’s degree in business and communications...more

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