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Charitable Lead Annuity Trusts: Planning Opportunities in Today’s Low-Interest-Rate Environment

As the pandemic continues to hinder nonprofits’ ability to fundraise effectively and connect with supportive donors, a charitable lead annuity trust can be a vehicle to provide immediate and ongoing funding to charities, as...more

Key Considerations for Charities Regarding Bequests and Other Deferred Gifts

Bequests and other deferred gifts are a bedrock of any successful planned giving program. The deferred nature of these types of gifts, however, can lead to complications and delays in collecting the gift....more

North Carolina Revenue Department Sets Deadline to Claim Refunds Under Kaestner

On July 2, 2019, the North Carolina Department of Revenue issued a notice setting December 21, 2019, as the deadline for certain taxpayers to file amended returns or tax refund claims based on the U.S. Supreme Court decision...more

What Kaestner Decision Means for State Income Taxation of Trusts

On June 21, 2019, the U.S. Supreme Court issued a unanimous opinion, delivered by Justice Sotomayor, in North Carolina Department of Revenue v. Kimberley Rice Kaestner 1992 Family Trust, holding that the North Carolina...more

Connecticut Adopts Self-Settled Asset Protection Trust Legislation

On June 24, 2019, Connecticut enacted HB 7104, adopting the Uniform Trust Act. One important provision of the act was the “Connecticut Qualified Dispositions in Trust Act,” permitting the establishment of self-settled...more

Indiana Enacts Self-Settled Asset Protection Trust Legislation

On April 9, 2019, the Indiana Legislature enacted S.B. 265 to amend the Indiana Code concerning trusts and fiduciaries. The Indiana governor signed the act May 5. One important provision of the act was the addition of a new...more

5/30/2019  /  Creditors , Estate Planning , Trustees , Trusts

Supreme Court Weighs Constitutionality of State Income Taxation of Trusts

On April 16, 2019, the U.S. Supreme Court heard arguments in Kaestner v. North Carolina Department of Revenue. The case will address the extent of the state’s authority to tax the income of certain trusts. The trustees of the...more

Recent Cases of Interest to Fiduciaries January 2018

In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following:...more

The Unhappy Consequences of Dying Without a Will

In the first sentence of his master work on families, Anna Karenina, Leo Tolstoy wrote, “Happy families are all alike; every unhappy family is unhappy in its own way.” The passing of another great artist, Aretha Franklin, who...more

Recent Cases of Interest to Fiduciaries

In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following: - In re...more

Income Taxation of Out-of-State Trust Is Unconstitutional

On June 8, the North Carolina Supreme Court affirmed the Court of Appeals’ 2016 decision in the matter of the Kimberly Rice Kaestner 1992 Family Trust v. North Carolina Department of Revenue , upholding the Court of Appeals’...more

Recent Cases of Interest to Fiduciaries

In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following:...more

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