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Beneficiaries Spendthrift Trusts

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

When the parties to a trust relationship, as well as its subject property, are located in different states, which state’s law...

Consider the following situation. Settlor owns a thousand acres of land in a domestic-asset- protection haven (DAPT state). While he is alive, he transfers in trust the land to a corporate trustee that does business...more

Mandelbaum Barrett PC

Do You Need a Spendthrift Trust?

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The aging population is expected to transfer $30 trillion in the coming years, per Forbes. According to the Survey of Consumer Finances, the median inheritance is $69,000; the median for trust fund wealth transfers is...more

Adler Pollock & Sheehan P.C.

Does Your Family Situation Call for a Spendthrift Trust?

You’ve likely spent most of your adult life accumulating wealth that you intend to eventually pass on to your loved ones. But are you concerned that the beneficiaries of your estate might squander their inheritance?...more

Downey Brand LLP

No Bad Faith Required – Trustee of Spendthrift Trust May Be Compelled to Pay Attorney Fees Under Family Code Section 2030

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Section 2030 of California’s Family Code provides an important safeguard to ensure the fairness of marriage dissolution proceedings. It allows the Court to order a more financially well-off party to pay some or all of the...more

Winstead PC

Court Reverses Turnover Order That Disregarded A Trust Where The Trustee Was Not A Party To The Proceeding

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In Tomlinson v. Khoury, a judgment creditor discovered that the judgment debtor was the trustee and beneficiary of a spendthrift trust and brought a turnover action to invalidate the trust. No. 01-19-00183-CV, 2020 Tex. App....more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – November 2020

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Assailant's Spendthrift Trust Accessible to Child of Murdered Parents - de Prins v. Michaeles, SJC-12865 (October 20, 2020) - In de Prins v. Michaeles, the Massachusetts Supreme Judicial Court (SJC) tackled a trust...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – May 2019

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Disinherited Son Loses Bid in New York to Share in Father’s Estate Based on Brother’s Promise - Matter of Estate of Fogel, No. 2006-1234/B (Kings Sur. April 10, 2019) - A disinherited son tried to make a claim on the...more

Goulston & Storrs PC

Probate and Fiduciary Litigation Newsletter - July 2018

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First, in Calhoun v. Rawlins, No. 17-P-40, 2018 WL 3131023 (Mass. App. Ct. June 27, 2018), the Appeals Court held that creditors could access a spendthrift trust that was created for a beneficiary with cognitive impairments...more

Winstead PC

Court Holds That Trust Did Not Violate The Rule Against Perpetuities and That A Beneficiary’s Assignment Of Interests Violated A...

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In Bradley v. Shaffer, family members placed mineral interests they inherited into the trust. No. 11-15-00247-CV, 2017 Tex. App. LEXIS 11154 (Tex. App.—Eastland November 30, 2017, no pet.). ...more

Adler Pollock & Sheehan P.C.

Would a spendthrift trust help achieve your estate planning goals?

A person doesn’t have to hold onto assets until the day he or she dies with the hope that heirs will change their ways by that time. Instead, consider using a spendthrift trust that can provide protection, regardless of how...more

Goulston & Storrs PC

T&E Litigation Newsletter- March 2017

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This week has brought a much-anticipated decision by the Supreme Judicial Court regarding trust decanting, and the past month also brought the latest chapters in two cases that we reported on previously....more

Winstead PC

Court Holds That Trust No Longer Owned Vehicle Because It Allowed Beneficiary’s Wife To Drive It

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In In the Interest of H.D.V., a husband appealed from a bench trial in a divorce proceeding. No. 05-15-00421-CV, 2016 Tex. App. LEXIS 9520 (Tex. App.—Dallas August 26, 2016, no pet. history). His mother had set up a trust for...more

Goulston & Storrs PC

T&E Litigation Newsletter- August 2016

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On August 4, 2016, the Supreme Judicial Court issued its highly anticipated decision in Pfannenstiehl v. Pfannenstiehl, 2016 Mass. LEXIS 591, reversing an Appeals Court decision that had been a hot topic of discussion among...more

McNees Wallace & Nurick LLC

Spendthrift Trusts – How to (Properly) Protect A Beneficiary From Herself

Much of the estate planning process is engaged with protecting vulnerable persons from negative outside influences. We name guardians to take care of minor children, utilize Powers of Attorney to facilitate substitute...more

Goulston & Storrs PC

T&E Litigation Newsletter- 9/3/15

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Massachusetts courts have issued decisions on several topics of interest, including whether a revocable spendthrift trust may properly be included in a marital estate, what happens to assets left to a named beneficiary who...more

Adler Pollock & Sheehan P.C.

Insight on Estate Planning - October/November 2013

In This Issue: - To preserve your wealth, consider a DAPT - Estate planning for same-sex spouses: What the Supreme Court’s DOMA ruling means - Using an FLP or LLC? Beware the step transaction doctrine ...more

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