News & Analysis as of

Trusts Conservators

Lasher Holzapfel Sperry & Ebberson PLLC

Durable Power of Attorney – One of Your Most Important Estate Planning Documents

We all make important decisions and engage in regular financial transactions without giving a second thought about our capacity to do so. But what if you suddenly lost the ability? What would happen? While most of us don’t...more

Warner Norcross + Judd

How Solid is the Stipulated Order for Paying Litigation-related Attorney Fees from a Trust?

The Michigan Court of Appeals recently issued an interesting ruling regarding the ability of a litigant in probate litigation to recover attorney fees from the trust in dispute, even if all parties agree to such payment. In...more

Husch Blackwell LLP

Understanding Key Differences Between Guardians and Special Needs Trustees

Husch Blackwell LLP on

Individuals with a disability or special needs (hereafter, the “individual”) frequently have a team of people providing them the care and assistance they require. For families managing this care team, there is an...more

Chambliss, Bahner & Stophel, P.C.

[Webinar] Estate Planning Doesn't Have to be Scary - October 26th, 12:00 pm - 1:00 pm EDT

Planning ahead for the unknown can be frightening and intimidating. However, our team is here to expel the spine-chilling misconceptions of advance directives, estate planning, and estate administration. Sally Brewer,...more

Burns & Levinson LLP

Conservatorship Gone Wrong: Why Does it Seem to Happen So Often and How Can I Prevent It?

Burns & Levinson LLP on

This week, we heard about yet another conservatorship that may have been improper or involved misconduct: that of Michael Oher, the former NFL player. I take no position on the truth of the matter, that is what the discovery...more

Burns & Levinson LLP

Four Basic Aspects About Fiduciary Litigation

Burns & Levinson LLP on

Fiduciary litigation, which includes disputes involving families, estates, trusts, and property transfers, can be complex and daunting. However, there are certain basic, frequently encountered aspects of fiduciary...more

Warner Norcross + Judd

Appointment of a Guardian Does Not Mean That the Ward Automatically Lacks Testamentary Capacity

People frequently assume that a person for whom a guardian/conservator is appointed automatically loses the right to engage in estate planning – in other words, a finding of a need for a guardian/conservator amounts to a...more

Downey Brand LLP

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

Downey Brand LLP on

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

Warner Norcross + Judd

This Is National Estate Planning Awareness Week

Warner Norcross + Judd on

Congress instituted National Estate Planning Awareness week in 2008 to help Americans understand estate planning and its role in a person’s financial well-being. It’s a great reminder to organize, review and update your...more

Burns & Levinson LLP

Choosing the Proper Fiduciaries for Your Estate Plan

Burns & Levinson LLP on

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

Burns & Levinson LLP

How Do I Protect My Generous, Impaired Grandparent?

Burns & Levinson LLP on

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

Downey Brand LLP

Elder Abuse Restraining Orders May Prevent Estate Planning Changes

Downey Brand LLP on

Can a California court stop others from changing an elder’s estate plan?  Yes, in extreme circumstances, suggests a case arising from conflict in a blended family over which side would benefit from an elder’s trust....more

Chambliss, Bahner & Stophel, P.C.

Hot-Button Questions Answered Regarding Conservatorships

By now, most of us have seen the media coverage and are well aware of Britney Spears’ controversial conservatorship case. Spears became “the international face of a movement,” which, according to the Wolters Kluwer article...more

Burns & Levinson LLP

Avoiding Probate Litigation: An Attorney’s Top 5 Tips

Burns & Levinson LLP on

The most basic and streamlined approach to avoiding probate litigation is planning ahead. Plans may include full, comprehensive estate plans, simple transfers of real estate, the implementation of protective measures or...more

Downey Brand LLP

Zach Young, Second Generation Fiduciary, Helps Families with Transitions

Downey Brand LLP on

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

Weintraub Tobin

Bringing Down The Hammer – California Appellate Court Upholds $1,000 Per Day Sanction For Failure To Timely File Accounting

Weintraub Tobin on

As trusts and estates litigation counsel, we often have matters where a fiduciary, either as a trustee, conservator, personal representative, or agent under a power of attorney, fails to provide financial information when...more

Holland & Hart LLP

Pitfalls of Naming Minors as Beneficiaries

Holland & Hart LLP on

It is natural for clients to want to name their children or grandchildren to receive their assets after their death However, the naming of a beneficiary directly on an account, especially if they are a minor, can derail an...more

Burns & Levinson LLP

Financial Exploitation and the Authority of a Conservator

Burns & Levinson LLP on

In this last discussion of the Smith and Alexander families, we examine financial exploitation, its impact on suitability in appointing a conservator, and steps that a conservator can take if there is evidence of prior...more

Shutts & Bowen LLP

The Importance of Regular Check-ups for a Healthy Estate Plan

Shutts & Bowen LLP on

After creating and implementing a plan for your estate, it is important to regularly revisit your plan to ensure that it is still reflective of your values and goals for passing along your legacy. Seemingly small changes in...more

Downey Brand LLP

Stepmother vs. Stepchild, Now Playing in a California Probate Court Near You

Downey Brand LLP on

Stepmothers are frequent characters in California trust and estate litigation, as they are in fairy tales and Disney movies. With about half of all marriages ending in divorce, there are many stepmother/stepchild...more

Chambliss, Bahner & Stophel, P.C.

Accounting Is Not Only Important - It's Mandatory

Imagine how you would feel if you walked into your bank, asked for a summary of your account activity and the bank told you that it had no idea how much money was in your account or how it had been spent. Of course, this...more

21 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide