News & Analysis as of

Trust Amendments Fiduciary Duty

Downey Brand LLP

When Can California Trustees Use Trust Funds to Hire Lawyers?

Downey Brand LLP on

Many family member trustees are uncertain about whether and to what extent they can use trust assets to obtain legal representation. For example, when two parents choose their daughter, upon their incapacity or death, to...more

Burns & Levinson LLP

Powers of Appointment: Adding Flexibility to an Estate Plan

Burns & Levinson LLP on

The saga of the Smith and Alexander families continues with a discussion of powers of appointment and the implications of Johnny’s exercise of the limited power of appointment granted to him under his parents’ Family Trust....more

BCLP

When The Power To Amend Doesn’t Actually Mean You Can Amend

BCLP on

Circumstances, laws, and taxes all change. And, when they do, many settlors don’t want their beneficiaries to have to go into court to get permission to roll with the changes. That’s why you often find a trust provision...more

McGuireWoods LLP

North Carolina Changes Trust Code and Permits “Living Probate”

McGuireWoods LLP on

On August 11th, Governor McCrory signed North Carolina Senate Bill 336, Act to Amend the Law Governing Estate Planning and Fiduciaries (the “Act”). Notably, the Act adopts a procedure for living probate in North Carolina and...more

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