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Fiduciary Estate Planning

Husch Blackwell LLP

Planning to Avoid Fiduciary Litigation

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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

Lippes Mathias LLP

Understanding the Role of an Estate Representative and Choosing the Right Individual for your Estate Plan

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Once you have taken the essential step in formulating your estate plan, you must name an executor of your Will. Whom should you designate for this significant role, and what is expected of them?...more

Winstead PC

Court Affirms Summary Judgment For An Executrix’s Estate Based On Limitations

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In In re Estate of Maun, a brother sued his sister’s estate for her performance as executrix of their mother’s estate since the late 1980s. No. 13-22-00576-CV, 2024 Tex. App. LEXIS 52 (Tex. App.—Corpus Christi January 4,...more

Lippes Mathias LLP

Testamentary Guardianship: Safeguarding Your Child's Future Through Estate Planning

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Guardians are a type of fiduciary appointed for a minor child or individual determined incapacitated by the courts. When appointed by a Last Will and Testament (“Will”), they are commonly known as testamentary guardians....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

Burns & Levinson LLP

Surprise: The MUPC, Intestacy, and Childless Couples

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Once upon a time, I was a young newlywed. My spouse and I always assumed that because we had no money, no kids, and were married, we were each other’s heirs. We had numerous conversations about how neither of us needed a will...more

Burns & Levinson LLP

Death and Taxes – The Three Unavoidable Taxes in Estate Administration

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Death and taxes are often jokingly said to be two of the only unavoidable things in life. Unfortunately, taxes are also unavoidable when someone passes away. When administering an estate or trust after someone’s death, three...more

Burns & Levinson LLP

Best Advice to Avoid Common Estate Planning Mistakes

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In my practice, I am fortunate to serve clients in developing tailored estate plans as well as administering the estates of recently deceased loved ones. This dual perspective exposes some common pitfalls that can undermine...more

Winstead PC

[Webinar] Fiduciary Litigation Update 2022-2023 - December 19th, 10:00 am - 11:00 am CT

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This update will address the following issues: whether a party has a right to jury trial in trust modification and other similar actions, what are the standards for pretrial receivership and injunctive relief in trust...more

Burns & Levinson LLP

I’m A Childless, Single Adult. How Do I Navigate Establishing Fiduciaries?

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Many people default to nominating a spouse or a child as personal representative of their estate or trustee of their trust, if they have one. However, when one has neither a spouse nor a child, who should one choose to fill...more

Warner Norcross + Judd

Does Everyone in Your Family Have Completed Estate Planning Documents?

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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

Burns & Levinson LLP

What to Expect: Your First Meeting with an Estate Planner

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Any estate planning professional will tell you everyone should have an estate plan. But we also understand that the whole process can feel a bit daunting—finding an estate planning attorney, getting organized, making...more

Saiber LLC

Fiduciaries in Estate Matters: Who do you Trust? (Pt. II)

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In the last alert, we reviewed the responsibilities of an executor. In this next introductory review, we will discuss the role of a trustee. Before we define the role of a trustee, we must explain the definition of a...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, July/August 2023

Estate planning in a digital world - Today, virtually everyone owns (or licenses) digital assets, from email and social media accounts to digital photos and videos to online banking and brokerage accounts. Unlike...more

Burns & Levinson LLP

Four Basic Aspects About Fiduciary Litigation

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Fiduciary litigation, which includes disputes involving families, estates, trusts, and property transfers, can be complex and daunting. However, there are certain basic, frequently encountered aspects of fiduciary...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

Saiber LLC

Fiduciaries in Estate Matters: Who Do You Trust?

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As part of the estate planning process, clients nominate trusted friends or family members (or sometimes, banks or other institutions, depending on the role) to serve key roles: Executor, Trustee, Guardian, Agent under a...more

Winstead PC

Texas Supreme Court Affirms The Release In A Family Settlement Agreement That Protected A Former Trustee’s Estate From Claims And...

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In Austin Trust Co. v. Houren, beneficiaries of a trust executed a family settlement agreement with the former trustee’s estate. No. 21-0355, 2023 Tex. LEXIS 285 (Tex. March 23, 2023)....more

DarrowEverett LLP

See You on the Other Side: Planning Your Digital Legacy

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What happens to social media accounts when an individual dies? As social media is a growing source of revenue for individuals, from influencers to public figures, and the dominant means of how people document their lives, it...more

Williams Mullen

[Event] 2023 Fiduciary Focus - February 24th, Richmond, VA

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...join us as we return to an in-person format for our 14th Annual Fiduciary Focus! Breakfast and lunch will be provided. Topics Include: - Recent Developments in Wealth Planning - Corporate Transparency Act Compliance...more

Burns & Levinson LLP

Trustee Removal: MUTC v. Trust Document

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Just because a trustee was named in a trust document does not necessarily mean they will continue to serve perpetually. Many trust instruments include language granting the settlor (creator of the trust), and/or the...more

Lathrop GPM

Tax Court Confirms Constitutionality of Minnesota Estate Tax

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On December 12, 2022, the Minnesota Tax Court released an opinion in Estate of Anderson v. Commissioner of Revenue addressing the constitutionality of Minnesota’s estate tax structure as applied to an estate that consisted...more

Burns & Levinson LLP

Can I Fight My Family Member’s Inheritance?

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Picture this: your great aunt has died and left you and your brother each one million dollars, her entire estate, in a will. Great, right? Now imagine that your brother never appreciated your great aunt during her lifetime,...more

Gray Reed

Trust Protector or Trust Defector? Five Hazards to Avoid in Appointing a Trust Protector

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Unanticipated changes in the law or circumstances may derail a careful plan to preserve a client’s intent to transfer wealth through trusts. A “trust protector” originated from a need to protect offshore trusts from...more

Downey Brand LLP

Section 850 Petitions Can’t Be Used to Obtain a Fiduciary’s Documents

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What pea is in which pod? California probate disputes often involve questions of property ownership. Petitions filed under Probate Code section 850 allow judges to determine whether and to what extent an estate is the true...more

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