News & Analysis as of

Asset Management Fiduciary

Charles E. Rounds, Jr. - Suffolk University...

Individual Trustee Delegates to Financial Institution the Job of Taking Custody and Keeping Track of Income and Principal: The...

While PC software programs are a practical improvement over the trustee’s hard-copy ledger book, when it comes to keeping track of trust income and principal these programs still require serious clerical monitoring on the...more

Poyner Spruill LLP

Clear Drafting in Estate Planning: Lessons from Abitol v. Clark

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The North Carolina Court of Appeals’ recent decision on December 3, 2024 in Abitol v. Clark highlights the critical role of clear drafting in estate planning and raises novel legal questions regarding the inheritance rights...more

Husch Blackwell LLP

Planning to Avoid Fiduciary Litigation

Husch Blackwell LLP on

When a loved one dies, the last thing you want to deal with is a lawsuit, or have your heirs inherit a lawsuit. After the death of a maternal or paternal figure that keeps the family together, tensions flare between siblings...more

Proskauer - Employee Benefits & Executive...

A Pop Culture Guide to the Final Amendments to the QPAM Exemption Taking Effect on June 17, 2024

The DOL recently finalized amendments to the QPAM exemption that will considerably alter the exemption’s conditions effective as of June 17, 2024 (for a detailed summary of the changes, please see our post here). There are a...more

Charles E. Rounds, Jr. - Suffolk University...

The Case For Making Substantial Unrestricted Gifts To A Charitable Corporation Indirectly Via Assignment To An Independent...

When considering how to make a substantial gift to a charitable corporation, one should not rule out making it indirectly via assignment to an independent trustee. First, an independent trusteeship facilitates proper asset...more

Mayer Brown

United States: The Long Read - Lifetime Income Products in CITs on the Rise

Mayer Brown on

As recently noted by the US Department of Labor (“DOL”), since the passage of the Employee Retirement Income Security Act of 1974 (“ERISA”), “the retirement plan landscape has changed significantly, with a shift from defined...more

Gray Reed

Live-In Mom Killed Daughter’s Father: Her Rights to the Child’s Inheritance?

Gray Reed on

Kittie started dating her daughter’s boyfriend Butch when he was 17 years old. They apparently dated for over twenty years, during which time Kittie purchased him a house to “use.” Butch later moved into the house with his...more

Gray Reed

“Hi, I Think Your Dad is Also My Dad”: Illegitimate Heirs – Fiduciaries

Gray Reed on

Mary Goodblood grew up believing that she was Cash Goodblood’s only daughter. Twenty-five years after he died, her dad’s brother Uncle Trusty sold the Goodblood family business for a tidy sum. After report of the lucrative...more

Warner Norcross + Judd

Does Everyone in Your Family Have Completed Estate Planning Documents?

Warner Norcross + Judd on

Next week is National Estate Planning Awareness Week. This week was designated by Congress in 2008 as a means to educate, and to remind, U.S. citizens about estate planning. In reality, its purpose is to encourage people to...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, May/June 2023

SECURE 2.0 provides a boost to your retirement and estate plans - The SECURE 2.0 Act of 2022 (SECURE 2.0) expands on the changes made by the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act)....more

Sands Anderson PC

When Two Trusted Advisors Disagree

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Occasionally, you may receive conflicting advice from two people – both people you trust, both skilled in their fields. How do you decide what to do?...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, May/June 2022

You’ve received an inheritance: Now what? If you’ve received, or will soon receive, a significant inheritance, it may be tempting to view it as “found money” that can be spent freely. But unless your current financial plan...more

Williams Mullen

PODCAST: Williams Mullen's Benefits Companion - What Constitutes Plan Assets Under ERISA?

Williams Mullen on

On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt is joined by Zan Gormley, a partner in Williams Mullen’s Litigation Section, who discusses the law and guidance on what constitutes “assets of the...more

Williams Mullen

[Webinar] 13th Annual Fiduciary Focus - February 25th, 9:00 am - 12:00 pm EST

Williams Mullen on

Join the Williams Mullen Private Client and Fiduciary Services team for our annual Fiduciary Focus event. This year’s agenda is packed with insights on recent developments affecting fiduciaries – including tax law updates...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

[Webinar] Bitcoin, Cryptocurrency, and Civil Litigation - November 3rd, 10:00 am - 11:00 am ET

As Bitcoin and other cryptocurrencies gain further acceptance in the portfolios held by persons, corporations, trusts, and estates, fiduciaries and civil litigants must be aware of how courts will handle claims when the...more

Downey Brand LLP

Who Gets the Tahoe House and Other California Real Estate Inheritance Disputes

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Many California trust and estate disputes involve the allocation of real estate amongst several beneficiaries. Mom and Dad, may they rest in peace, owned an upscale home in the Fab 40s neighborhood of East Sacramento, a sweet...more

Robins Kaplan LLP

[Webinar] Ripped from the Case Law - October 13th, 1:00 pm - 2:00 pm CT

Robins Kaplan LLP on

Producers, writers, and reporters have long been fascinated with high-stakes wealth, estate and trusts, and shareholder disputes. Whether tragic or comic, the drama between clients, families, business partners, as well as the...more

Robins Kaplan LLP

[Webinar] Representations of Wealth Planning and Conflict in Film and Literature: What Can We Learn from Such Depictions? -...

Robins Kaplan LLP on

Producers, writers, and reporters have long been fascinated with high-stakes wealth, estate and trusts, and shareholder disputes. Whether tragic or comic, the drama between clients, families, business partners, as well as the...more

Robins Kaplan LLP

[Webinar] Panel: The Influence of News and Other Media on Client Expectations - October 1st, 1:00 pm - 2:00 pm CT

Robins Kaplan LLP on

Producers, writers, and reporters have long been fascinated with high-stakes wealth, estate and trusts, and shareholder disputes. Whether tragic or comic, the drama between clients, families, business partners, as well as the...more

Troutman Pepper Locke

Legislation Discussion with PA State Senator Tom Killion

Troutman Pepper Locke on

The Digital Planning Podcast is designed to educate individuals about all things digital in connection with estate planning, business planning and estate administration. Your hosts, Jennifer Zegel, Ross Bruch and Justin...more

Chambliss, Bahner & Stophel, P.C.

Do You Have the Right Fiduciary?

A fiduciary is a fancy legal term for the person who will take care of your property for you if you are unable to do it yourself, such as the executor of an estate, the trustee of a trust, or an attorney-in-fact under a power...more

Troutman Pepper Locke

Discussion of PA’s Revised Uniform Fiduciary Access to Digital Assets Act

Troutman Pepper Locke on

The Digital Planning Podcast is designed to educate individuals about all things digital in connection with estate planning, business planning and estate administration. Your hosts, Jennifer Zegel, Ross Bruch and Justin...more

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