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Estate Planning › Trust Administration

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
Winstead PC

Court Granted Motion To Abate A Suit To Remove A Trustee In District Court Because A First Filed Suit In A County Court At Law Had...

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In In re Kelly, a former executor and the trustee of a testamentary trust initiated a probate proceeding in a county court at law. No. 11-24-00066-CV, 2024 Tex. App. LEXIS 3735 (Tex. App.—Eastland May 30, 2024, original...more

Winstead PC

Court Affirms Modification Of Trust That Relied On Extrinsic Evidence And Contradicted Express Trust Terms

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In In re Poe Trust, a co-trustee of a trust filed suit to modify the trust to change distribution provisions, increase the number of trustees, and change the method for trustees to vote on issues as well as other...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

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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

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

Lathrop GPM

Minnesota Court of Appeals Rules Power of Attorney Insufficient to Amend Revocable Trust

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On January 30, 2023, the Minnesota Court of Appeals issued an opinion in In re Eva Marie Hanson Living Trust addressing the ability of an attorney-in-fact to amend a revocable trust on behalf of an incapacitated trust...more

Goulston & Storrs PC

Trust Administration and Estate Planning in the Age of Climate Change

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A recent foreboding report by the UN’s Intergovernmental Panel on Climate Change offers warnings to policy makers and others about dire consequences that have and will continue to arise due to rapid climate change. Rising...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

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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

Downey Brand LLP

Section 850 Petitions Can’t Be Used to Obtain a Fiduciary’s Documents

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What pea is in which pod? California probate disputes often involve questions of property ownership. Petitions filed under Probate Code section 850 allow judges to determine whether and to what extent an estate is the true...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

Stark & Stark

Ambiguities in a Will - The Doctrine of Probable Intent

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​​​​​​​In rare instances, during the administration of an estate, there might arise an ambiguity within the language of the decedent’s Last Will and Testament as to how the decedent wished to dispose of his property pursuant...more

Winstead PC

Co-Trustees Administering Trusts in Texas - Presentation

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David Johnson presented his paper on “The More The Merrier: Issues Arising From Co-Trustees Managing Trusts” to the Tarrant County Probate Bar Association on September 16, 2022. This presentation addressed the benefits and...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

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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

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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

Warner Norcross + Judd

Protecting Yourself When Serving as a Family Trustee

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When it comes to selecting trustees, families often choose family members to serve in this role. There are plenty of great reasons to use a family member, and trustee roles can provide useful experience in teaching the next...more

Burns & Levinson LLP

Why Young Adults Need Estate Plans Too

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After graduating college and getting your life started, you are filled with pride, excitement and anticipation for your new career and freedom from school. Your last thought is to hire an attorney and prepare an estate plan....more

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