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Constitutional Challenges Trusts

Winstead PC

Texas Supreme Court Declines The Chance To Rule On Whether There Is A Right To A Jury Trial In A Trust Modification Suit

Winstead PC on

In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other modifications, including, incredibly,...more

Foster Swift Collins & Smith

Protecting Same-Sex Marriage Assets in Michigan If Obergefell is Ever Overturned

When the Supreme Court made its landmark decision in Obergefell v. Hodges in 2015, same-sex couples across the country gained the right to marry. But with recent shifts in the legal landscape, such as the overturning of Roe...more

Warner Norcross + Judd

What is a Special Fiduciary and When Can the Probate Court Appoint One?

Warner Norcross + Judd on

The Michigan Court of Appeals recently issued a decision that considered the scope of the probate court’s ability to appoint a special fiduciary. In re Trueman Harrison and Modesta Harrison Trust, No 368031, 2025 WL 272281...more

Holland & Knight LLP

CTA Heats Up with New FAQs, Government and Amicus Briefs and New Draft Legislation

Holland & Knight LLP on

The Corporate Transparency Act (CTA) is the gift that keeps giving. As affected entities and their advisers struggle to determine whether they are subject to the beneficial ownership information (BOI) reporting provisions of...more

Holland & Knight LLP

Supreme Court declares Mexico's controlling beneficiary reform constitutional

Holland & Knight LLP on

The Second Section of the Mexican Supreme Court of Justice (SCJN) on June 14, 2023, ruled that it is constitutional for the Tax Administration Service (SAT) to request from taxpayers information related to their controlling...more

Winstead PC

Texas Supreme Court Holds That Parties May Not Be Entitled To Jury Trials For Trust Modification Proceedings And Remands For...

Winstead PC on

In In re Poe Trust, there were three co-trustees of a trust, and the trust required them to act jointly. No. 20-0179, 2022 Tex. LEXIS 548 (Tex. June 17, 2022)....more

Parker Poe Adams & Bernstein LLP

North Carolina Supreme Court Rules Tax on Trust Unconstitutional

On Friday, the North Carolina Supreme Court issued its opinion in a closely watched state tax case, holding the state’s taxation of a trust unconstitutional. In The Kimberley Rice Kaestner 1992 Family Trust v. North Carolina...more

Carlton Fields

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction

Carlton Fields on

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,...more

Proskauer Rose LLP

Wealth Management Update - September 2016

Proskauer Rose LLP on

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

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