News & Analysis as of

Estate Planning Elder Issues Trustees

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the... more +
Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process.  less -
Foster Swift Collins & Smith

Estate Planning for New and Aging Parents

Many life events will prompt people to consider estate planning to protect their assets and family. Many will rush to an attorney before they travel (especially far), start a business, or complete a messy estate...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

Conn Kavanaugh

Discussing Death and Dying

Conn Kavanaugh on

A morbid topic? Of course! But for our older clients and their adult children in the sandwich generation (young children of their own and aging parents) having the discussion can be extremely beneficial to both the elder and...more

Chambliss, Bahner & Stophel, P.C.

Chocolate Cake, Purple Hair Dye, & Lorrie Morgan: Special Needs Planning Done Right

What do chocolate cake, purple hair dye, Lorrie Morgan, and Alexa have in common? On first or even second glance, most of you would find nothing that these random things have in common, unless you know a gentleman named Doug....more

Lathrop GPM

Top 10 Tips for the Professional Fiduciary to Avoid Litigation

Lathrop GPM on

Communication is Key. This may seem obvious, but good communication can go a long way in preventing a dispute. This includes timely responding to emails and voice messages...more

Ward and Smith, P.A.

Weathering the Storm: How to Get Your Affairs in Order

Ward and Smith, P.A. on

I’m writing this in Wilmington, North Carolina at a time when many in this area still are struggling after Hurricane Florence. The weekend before the storm was bright and sunny. I would have rather gone to the beach, but...more

Ruder Ware

Will Parents’ Long-Term Care Costs Sink the Farm?

Ruder Ware on

Originally Published on © 2018 Agri-View. Madison, WI. Problems can result when parents maintain ownership of a farm but need long-term health-care services from an assisted-living facility or nursing home. Expenses...more

Downey Brand LLP

Successor Trustee Gets Privileged Documents Even if Trust Says Otherwise

Downey Brand LLP on

The attorney-client privilege in California belongs to the office of trustee, not to the incumbent in that office, thus generally allowing successor trustees to obtain confidential communications that their predecessors had...more

Chambliss, Bahner & Stophel, P.C.

Can the Beneficiary of a Special Needs Trust Change the Trustee?

The beneficiary of a special needs trust can never control or access trust funds – that is the job of the trustee. A common fear among beneficiaries or their families is that the trustee may not do what’s in the beneficiary’s...more

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