News & Analysis as of

Wills, Trusts, & Estate Planning Updates

Read Wills, Trusts, & Estate Planning updates, articles, and legal commentary from leading lawyers and law firms:

What Does the Tax Cuts and Jobs Act Mean For You?

by Sands Anderson PC on

On December 22, 2017 President Trump signed into law H.R. 1 (P.L. 115-97), the “Tax Cuts and Jobs Act,” which some consider to be the largest major tax reform in over three decades. This article summarizes some of the...more

A Safe Withdrawal Rate in Retirement

A recent program presented by the Probate and Trust Law Section of the Philadelphia Bar Association offered suggestions on a safe withdrawal rate from accumulated assets during retirement. After much analysis, the author...more

Do Well By Doing Good – Family Businesses and Philanthropy

by Davis Wright Tremaine LLP on

Family business legacy planning involves many considerations, such as training, timing, and transferring of interest. Another component of this planning should entail the long-term vision of philanthropic goals for future the...more

Delaware Federal Court Grants RMBS Trustee’s Motion to Dismiss

On May 14, 2018, Judge John E. Jones III of the United States District Court for the District of Delaware granted the Trustee-Defendant Wilmington Trust Company’s (“Wilmington Trust”) motion to dismiss in IKB International,...more

Resolving California Trust and Estate Disputes – A Mediator’s Perspective

by Downey Brand LLP on

Many California trust and estate disputes are resolved by mediation instead of a final adjudication in the Superior Court. Mediation can offer a custom-crafted resolution to a case that avoids the stress, expense and...more

The Texas Supreme Court Holds That Incorporating The AAA Rules Does Not Delegate Arbitrability Issues To The Arbitrator For...

by Winstead PC on

Background: Arbitration Clauses May Apply To Trust Disputes - The Texas Supreme Court held that arbitration clauses in trust documents may be enforced regarding claims by beneficiaries against trustees. In Rachal v....more

Georgia Governor Vetoes Domestic Asset Protection Trust Legislation

by McGuireWoods LLP on

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

Mental Capacity Standards in California Civil Litigation

by Downey Brand LLP on

What mental capacity standards apply in California civil litigation? Last month we presented on this subject at the Placer County Bar Association’s annual spring conference in Roseville. I’ll offer highlights here. Short...more

Court Holds That Drafts Of Trust Documents Are Discoverable And Discusses The Attorney-Client Privilege

by Winstead PC on

In In re Rittenmeyer, the mother of the decedent was the executor of his estate. No. 05-17-01378-CV2018 Tex. App. LEXIS 2812 (Tex. App.—Dallas April 19, 2018, original proceeding). ...more

Estate Tax Account Transcripts Available on IRS.gov

Estate tax transcripts can now be accessed online through the IRS website. “The ability to access those transcripts online is a significant milestone in the Internal Revenue Service’s effort to reduce the number of estate...more

McGuireWoods LLP State Death Tax Chart (Updated)

by McGuireWoods LLP on

This State Death Tax chart is maintained for the McGuireWoods LLP Website and is updated regularly. Please see full chart below for more information....more

Transfer Taxes and the Tax Act: An Overview and Three Possible Responses

by Womble Bond Dickinson on

Individuals and businesses continue to evaluate the Tax Cuts and Jobs Act of 2017 (the “Tax Act” or “Act”) and, in particular, the specific effects on personal and business tax planning. Our clients are asking us daily how...more

1st Circuit Addresses Statute of Limitations in Connection with Mistaken Property Description on Mortgage

by Weiner Brodsky Kider PC on

The First Circuit recently held that a trustee’s action to recover damages against a closing agent and title insurer on behalf of the trust due to their alleged negligence in misidentifying a parcel of land secured by a...more

Texas Father Wins Guardianship of Autistic Daughter Despite Giving Her Illegal Marijuana

Once a child reaches age 18, it is presumed that she has the ability to make decisions on her own, regardless of her abilities. At this point, many parents of children with special needs who cannot live independently go to...more

Prudently Investing: What Trustees Need to Know

Acting in the best interests of the trust and the trust beneficiaries, a trustee has the duty to protect and preserve trust assets and, generally, to make the assets productive. In making investment decisions and managing...more

Raise It or Waive It?: The Virginia Supreme Court Weighs in on When Parties in Estate Litigation Must Raise (or Waive)...

by LeClairRyan on

Imagine your aging, widowed mother (“Mother”) has dementia and moves into assisted living. You live about four hours away from Mother. Your sibling (“Sibling”) lives about five (5) minutes away from Mother....more

What Assets Are Not Counted When Applying for SSI?

Supplemental Security Income (SSI) is a federal program that helps people with disabilities and very low incomes pay for food, clothing and shelter. ...more

"The Best Laid Plans..." How We Adapt for Loved Ones with Special Needs

My doctor assured me that Wednesday in August that all was well and we would be delivering my still-growing boy on schedule in October, and she sent me home to catch up on some well-deserved rest. I saw her again that Friday...more

Heart v. Head: A Judge’s Conundrum

by Farrell Fritz, P.C. on

Judicial oaths require that judges rule on the law, putting their personal feelings aside. Indeed, judges’ personal opinions are presumed to be non-factors in judicial decision making as judges are charged to uphold the...more

[Webinar] Joint Account Litigation In Texas With An Emphasis On Fiduciary Relationships - May 22nd, 10:00am CT

by Winstead PC on

This presentation will cover the creation of joint accounts, the ownership of funds in these accounts, Texas Estate’s Code provisions and Texas common law regarding the requirements for effective survivorship language,...more

Impact to Charitable Organizations under the Tax Cuts and Jobs Act

While many businesses and individuals will see a lower tax bill as a result of the 2017 Tax Cuts and Jobs Act, charitable organizations may ultimately be the biggest losers from the sweeping tax reform. The Tax Act includes...more

Estate Tax Implications of the 2017 Tax Cuts and Jobs Act

by Davis Brown Law Firm on

The Tax Cuts and Jobs Act includes changes that may impact your income-tax liability—the increased standard deduction, decreased corporate income-tax rate, new individual income-tax rates, and grain-glitch issue for farmers,...more

Wealth Management Update - May 2018

by Proskauer Rose LLP on

May Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The May § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is...more

Does Your Spouse Know?

A number of years ago, I spoke at a seminar organized by some clients, called "Sign here, my dear". The point of the seminar was that spouses, in most case wives, know very little about family finances and are often just...more

Did You Choose the Right Executor?

Selecting the right executor to manage your estate is critical. Administering an estate is a difficult and sometimes frustrating process....more

5,024 Results
|
View per page
Page: of 201
Cybersecurity

Follow Wills, Trusts, & Estate Planning Updates on:

"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:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.