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Trust Disclosure Requirements and Quiet Trusts

The Uniform Trust Code and the Restatement (Third) of Trusts both follow the presumption that trust beneficiaries should be generally kept aware of the existence of the trust, their status as beneficiaries, and their right to...more

Wyoming Chancery Court Has Launched

The Chancery Court is now up and running in Wyoming. Its stated purpose is “to provide a forum for streamlined resolution of commercial, business and trust cases.” The goal is to resolve business and trust cases in a more...more

Clients’ Failure to Keep Estate Plans Current Can Sabotage the Entire Estate Plan

Estate planners work hard to set up estate and wealth transfer plans that fit a client’s needs and ensure that everything works together for the client. Unfortunately, as the client’s situation changes, they often don’t...more

Utilizing a Power of Appointment Committee in WINGS

As previewed in my blog post of January 25, 2021, Wyoming laws provide an opportunity to utilize a Wyoming Incomplete Gift, Non-Grantor Trust (“WING”) to potentially avoid state income tax on the sale of assets. My previous...more

Using a WING to Avoid State Income Tax on a Sale of Assets

One strategy for a client who wants to avoid state income tax on a sale of assets is to utilize a WING, a Wyoming Incomplete Gift, Non-Grantor trust (“WING”). Certain other states allow ING trusts, but this blog post refers...more

Will Normal Advanced Directives be Sufficient for COVID-19?

While we deal with an unprecedented global pandemic which alters life as we know it for all of us, COVID-19 brings up concerns regarding our clients’ Advanced Directives that were prepared and signed during “normal” times....more

Arbitration Clause Held Not Enforceable as to the Validity of the Trust Amendment

There has been considerable discussion regarding including arbitration clauses in estate planning documents over recent years. Some estate and trust attorneys are actively pushing for the inclusion of such clauses. Recently,...more

Trustees Beware: Provide Timely Information to Beneficiaries

Individual trustees often fail to fulfill the duties imposed on trustees, not only by the trust instrument, by also by the trust statutes applicable in the jurisdiction. It is often the case that the individual trustee is a...more

Safeguarding Estate Planning Documents

In light of the recent dramatic weather events, including hurricanes and tornadoes, it is a good time to discuss preservation of estate planning documents. In many instances, people escape from their homes with only the...more

Wyoming Creates a New Chancery Court Which Will Hear Trust Cases

Wyoming has created a chancery court which will be authorized to hear cases in fifteen (15) specific areas, including cases alleging breach of fiduciary duty and transactions governed by the Wyoming Uniform Trust Code, in...more

No-Contest Clause Upheld by the Wyoming Supreme Court With No Probable Cause Exception

No-contest clauses (sometimes called in terrorem clauses) are extremely common in today’s litigious society. A no-contest clause essentially makes all gifts under the will or trust conditional upon not challenging the...more

Avoiding Fiduciary Conflicts of Interest

It is very difficult for a trustee to have conflicts of interest without breaching the duty of loyalty. We typically think of trustee conflicts as they relate to self-dealing by the trustee, which is almost always a problem...more

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