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:
Ali v....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:...more
Effective Oct. 1, 2018, Maryland enacted a one-year statute of limitations for most breach-of-trust actions. To trigger the one-year limitations period, however, trustees must provide certain information to beneficiaries....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: -
In re...more
In late March, the Georgia House of Representatives (by a vote of 103-56) and the Georgia Senate (by a vote of 43-6) passed HB 441, which would have made Georgia the 18th state to permit self-settled domestic asset protection...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:...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:
...more
Kroll v. New York State Dept. of Health, 39 N.Y.S.3d 183 (Oct. 5, 2016); see also In re Kroll, 971 N.Y.S.2d 863, 865 (Sur. Ct. 2013) -
Court approves “decanting” of a trust to effectively remove a beneficiary’s future...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:
-...more
Maryland previously enacted a version of the Uniform Trust Code (UTC), which contains various provisions focused on permitting more efficient administration of trusts. However, Maryland’s version of the UTC initially omitted...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
Berlinger v. Wells Fargo, N.A., Case No. 2:11-cv-459-FtM-29CM, 2015 WL 6125529 (M.D. Fla. Oct. 16, 2015)
- Discretionary distributions to beneficiary which were used in part to satisfy alimony obligations were not...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
A number of recent cases highlight particular issues in valuation of assets for purposes of the estate and gift tax. On July 6, 2015, the Internal Revenue Service settled Estate of Davidson v. Commissioner, T.C. Docket No....more
7/16/2015
/ Appraisal ,
Audits ,
Controlling Stockholders ,
Estate Tax ,
Generation-Skipping Transfer ,
Gift Tax ,
Grantor Trusts ,
Mergers ,
Partnerships ,
Tax Court ,
Tax Litigation ,
Valuation
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