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Estate Planning › Revocable Trusts › 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 -
Winstead PC

Court Affirmed The Removal Of An Executor For Gross Mismanagement

Winstead PC on

In Gordon v. Gordon, a couple created a revocable trust and named a friend, who provided financial advice, as successor trustee. No. 03-22-00454-CV, 2024 Tex. App. LEXIS 3611 (Tex. App.—Austin May 23, 2024, no pet. history)....more

Adler Pollock & Sheehan P.C.

Revocable Trusts Offer Benefits, But Beware of Their Drawbacks

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There’s a good chance that your estate plan includes a revocable trust — sometimes known as a “living trust.” This type of trust can help your estate avoid probate, guard your privacy and provide protection in the event...more

Allen Barron, Inc.

What do You Need to Know About A Trust and Why?

Allen Barron, Inc. on

Most US homeowners and business owners understand the importance of an estate plan; they just never seem to get around to completing the task. What do you need to know about a trust? Why are trusts a central component of any...more

Husch Blackwell LLP

Guide to Reviewing Your Estate Plan

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Because so many things can change with time, we recommend that our clients review their estate plans every three to five years and update plans as needed. These periodic reviews help to ensure that your affairs are in order,...more

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

Incorporating into a trust instrument a nonjudicial mechanism for effectuating on an ongoing basis the wishes of the deceased...

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

There is much to commend in O’Brien, Proposing a Model Antilapse Clause, 48 ACTEC L. J. 257 (2023), particularly its flagging of the doctrinal and practical flaws in Uniform Probate Code §2-707, which would apply the...more

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

In the case of a donative transfer in irrevocable inter vivos trust, it is not the trustee who is the donee of the gift

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

In International Rescue Committee v. Trustee of the Wylie Street Emergency Fund, 537 P.3d 30 (2023), the Supreme Court of Idaho cited Black’s Law Dictionary (11th ed. 2019) as authority for the proposition that “a person can...more

Dunlap Bennett & Ludwig PLLC

The Guardians Of A Trust: What Is A Trust Protector?

Dunlap Bennett & Ludwig PLLC on

What is a Trust? A Trust is a legal entity involving three roles: The Grantor or “Trustor”, the Trustee, and the Beneficiary. The Grantor (the creator of the trust) will give the Trustee the right to hold and manage property...more

Rivkin Radler LLP

Estate Planning After Death: 20/20 Hindsight

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Did you know that actions can be taken after you die (i.e., post-mortem) to achieve the best results possible for your testamentary plan? Some estate plans are intentionally structured to give your beneficiaries and your...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, September/October 2023

Shumaker, Loop & Kendrick, LLP on

Preparing for 2026 - Four ways to build flexibility into your estate plan - January 1, 2026, is a significant date for estate planning. On that day, the federal gift and estate tax exemption amount set by the Tax Cuts...more

Bowditch & Dewey

Should You Have a Trust for Your Child?

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There may have been a time in your life when you had a piggy bank for your child – a fun and interactive way for you to teach money management, patience, and basic math. The money went in, but it was often difficult to...more

McGuireWoods LLP

Recent Cases of Interest to Fiduciaries: May 2023

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In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following... ...more

Rivkin Radler LLP

Cocktails & Estate Planning are Not Necessarily Good Mixers

Rivkin Radler LLP on

Oh, the things you hear at cocktail parties: “Everyone should have a revocable trust,” “It’s easy to change your residence to Florida for tax purposes – just count days and get a Florida license,” “Make all your trusts...more

Rivkin Radler LLP

Estate Planning Lessons from the Presley Family

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Attention-grabbing headlines declare that Priscilla Presley is challenging Lisa Marie Presley’s trust. The facts of the case, as they appear in the court filing, are not as dramatic as the headlines, but the controversy...more

Ward and Smith, P.A.

"It Ain't Over 'Til It's Over" - Use Of A Funded Revocable Trust In Estate Planning

Ward and Smith, P.A. on

Revocable trusts can simplify asset management during life and facilitate and make private asset transfers at death.  You may think that your estate planning work is done when you sign your revocable trust agreement, but, to...more

Burns & Levinson LLP

Probate or Non-Probate Asset? – The Ins and Outs of Different Types of Ownership

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Retitling your assets to conform with your desired plan is essential to successful estate planning. Whether this means changing ownership of an asset altogether, adding a joint owner, or changing a beneficiary designation,...more

Lathrop GPM

Minnesota Court of Appeals Rules Power of Attorney Insufficient to Amend Revocable Trust

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On January 30, 2023, the Minnesota Court of Appeals issued an opinion in In re Eva Marie Hanson Living Trust addressing the ability of an attorney-in-fact to amend a revocable trust on behalf of an incapacitated trust...more

Warner Norcross + Judd

Michigan Court of Appeals Rules that Charity Affected by Proposed Settlement Agreement had Right to Intervene in Lawsuit to...

Warner Norcross + Judd on

On December 22, 2022, the Michigan Court of Appeals issued a fascinating opinion which dealt with protection of the rights of a charitable beneficiary under the decedent’s trust. Estate of Evelyn R Ragsdale v. Bishop, Docket...more

Adler Pollock & Sheehan P.C.

A Living Trust and a Pour-Over Will: Two Estate Planning Documents Working in Tandem

Adler Pollock & Sheehan P.C. on

At the very least, your estate plan should include a legally valid will governing the disposition of assets upon your death. But comprehensive estate planning often goes much further....more

Burns & Levinson LLP

Capacity and Estate Planning: What You Need to Know

Burns & Levinson LLP on

As our loved ones get older, we want to ensure that they have planned for their future. This often means having an estate plan in place to handle the distributions of their assets upon their passing or to plan for their...more

Downey Brand LLP

Blast from the Past – Trusts Subject to Medi-Cal Reimbursement

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We begin the year with a case, Riverside County Public Guardian v. Snukst (2022) ___ Cal.App.5th ___, involving an elder with dementia who received Medi-Cal benefits. The case, a blast from the past, illustrates how the...more

Lathrop GPM

Minnesota Court of Appeals Upholds Settlor’s Intent, Rejects Beneficiary’s Petition to Modify Trust and Receive Attorney Fees

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In an opinion released last week, the Minnesota Court of Appeals rejected a petition to modify the terms of a trust to allow for the early distribution of trust assets to the beneficiaries. The court also denied the...more

Winstead PC

Trust Issues In Divorce Proceedings - Presentation

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David F. Johnson presented “Trust Issues In Divorce Proceedings” on November 17, 2021. This presentation covered trust issues that arise in divorce disputes, such as spouses creating an irrevocable trust, fraud claims to void...more

Winstead PC

Trustee’s Obligation to Inform Beneficiaries: Avoiding Breach of Fiduciary Duty Claims - Presentation

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David F. Johnson presented “Trustee’s Obligation to Inform Beneficiaries: Avoiding Breach of Fiduciary Duty Claims” to a national audience on November 16, 2021, via Strafford publishing with his co-presenter Scott E. Rahn,...more

Bowditch & Dewey

Legal Considerations of Living Together in a Multi-Generational Home

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During COVID, many of us are balancing working remotely while caring for our children. This autumn, most of our children are returning to part-time or all remote school. We are using our residences as a home, office, and...more

Downey Brand LLP

En Garde! A Trust’s Revocation Method May Not Be Enforced Unless It Explicitly States It’s the Exclusive Means of Revocation

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Creators of trusts (also known as settlors or trustors) usually think long and hard about how their property should pass when they die. It’s therefore common for trustors, or their lawyers, to incorporate protective...more

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