News & Analysis as of

Fiduciary Trusts

Husch Blackwell LLP

Planning to Avoid Fiduciary Litigation

Husch Blackwell LLP on

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

Tucker Arensberg, P.C.

Pennsylvania Adopts Directed Trust Act, Modernizing Trust Administration and Enhancing Trustee Selection

In July 2024, Pennsylvania Governor Josh Shapiro signed the Pennsylvania Directed Trust Act, Senate Bill 1231 (now part of Act No. 64 of 2024, sponsored by Senator Lisa Baker), into law, making Pennsylvania the 20th state to...more

Foodman CPAs & Advisors

Trusts And The CTA

On April 18, 2024, FinCEN updated FAQs that address Trusts and the CTA (Corporate Transparency Act). Trusts are vehicles that can assist in the preservation of wealth and property for future generations, protect assets, or...more

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

Lippes Mathias LLP

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

Lippes Mathias LLP on

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

Husch Blackwell LLP on

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

Levenfeld Pearlstein, LLC

What Troubled Company Fiduciaries Need to Know About the Corporate Transparency Act – Sooner Rather Than Later

January 1, 2024, was a milestone for small businesses and their owners, as well as bankruptcy trustees, receivers, and chief restructuring officers (“CRO” and collectively, “Troubled Company Fiduciaries”) of small businesses...more

Burns & Levinson LLP

Best Advice to Avoid Common Estate Planning Mistakes

Burns & Levinson LLP on

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

Warner Norcross + Judd

How Should a Personal Representative Respond When Interested Persons Disagree Over Validity of a Proffered Will?

Warner Norcross + Judd on

The Michigan Court of Appeals recently issued a decision that offers guidance as to how a personal representative should respond when the interested persons disagree over the validity of a proffered will. In re Estate of...more

Winstead PC

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

Winstead PC on

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?

Burns & Levinson LLP on

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?

Warner Norcross + Judd on

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

Burns & Levinson LLP on

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)

Saiber LLC on

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

Conyers

Private Client & Trust Bulletin: Summer 2023

Conyers on

Welcome to the latest edition of our Private Client and Trust bulletin. It is a pleasure to update you on various topics that we hope you will find of interest. As in previous editions we bring you updates from Bermuda...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

Warner Norcross + Judd

When Must a Fiduciary Relationship Exist to Establish Presumption of Undue Influence?

Warner Norcross + Judd on

Undue influence occurs when an influencer uses improper influence (e.g., coercion, mind-poisoning, manipulation, threats) to cause the victim to execute a document that they would not have done, but for the undue influence....more

Burns & Levinson LLP

Four Basic Aspects About Fiduciary Litigation

Burns & Levinson LLP on

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

Conyers

Make No Mistake: Examining the Hastings-Bass Rule on Fiduciaries’ Mistakes Under Cayman Islands Law

Conyers on

The Cayman Islands reformed its trust laws to provide a statutory mechanism by which flawed decisions of trustees and other fiduciaries can be set aside on application to the court. The codification of the Hastings‑Bass rule...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

Winstead PC

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

Winstead PC on

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

Downey Brand LLP

ChatGPT Blog Post on Undue Influence Gets a D

Downey Brand LLP on

As the New York Times reported in December, “ChatGPT is, quite simply, the best artificial intelligence chatbot ever released to the general public.” Built by OpenAI, a San Francisco-based company, ChatGPT has grabbed...more

Burns & Levinson LLP

Trustee Removal: MUTC v. Trust Document

Burns & Levinson LLP on

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

Burns & Levinson LLP

Can I Fight My Family Member’s Inheritance?

Burns & Levinson LLP on

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

Downey Brand LLP

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

Downey Brand LLP on

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

59 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide