This podcast often discusses the elements of a trust, and how to grant access, control and flexibility to beneficiaries and trustees. But for tax and other purposes, the donor typically cannot retain those kinds of...more
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:
Smith...more
In the Matter of Estate of Leon C. Chamberlain, 135 A.D.3d 1052 (N.Y. App. Div. Jan. 7, 2016) -
Modification of trust terms is appropriate where limitations on investments permitted under trust instrument frustrated the...more
In re Estate of House, 2014 Wash. App. LEXIS 3006 (Wash. Ct. App. 2014) -
A release waiving any and all claims that the parties may have or may acquire, bars recovery for unknown claims existing at the time the release...more
8/1/2015
/ Asset Management ,
Attorney's Fees ,
Beneficiaries ,
Conflicts of Interest ,
Creditors ,
Estate Planning ,
Estate Tax ,
Family Businesses ,
Fiduciary Duty ,
Income Taxes ,
LLPs ,
Notice Requirements ,
Partnership Agreements ,
Personal Liability ,
Pour-over Will ,
Probate ,
Ratification ,
Revocable Trusts ,
Settlement Agreements ,
Shareholder Distributions ,
Shareholders' Agreements ,
Statute of Limitations ,
Time Extensions ,
Transfer of Interest ,
Trustees ,
Trusts
The United States Supreme Court issued its opinion in Obergefell v. Hodges, 576 U.S. ___ (2015) on June 26, 2015. In a 5-4 decision, the Supreme Court held that the Fourteenth Amendment requires a State to license a marriage...more
7/9/2015
/ Community Property ,
Divorce ,
DOMA ,
Equal Protection ,
Estate Planning ,
Estate Tax ,
Fifth Amendment ,
Fourteenth Amendment ,
Income Taxes ,
Marital Assets ,
Obergefell v. Hodges ,
Proposition 8 ,
Same-Sex Marriage ,
SCOTUS ,
Surviving Spouse ,
Tax Deductions ,
US v Windsor ,
Wills