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Irrevocable Trusts Decanting

Rivkin Radler LLP

Decanting Trusts: Sometimes You Can Change the Terms of an Existing Trust

Rivkin Radler LLP on

Sometimes, the terms of an irrevocable trust (one that cannot be amended or revoked) were appropriate at the time the trust was created, but subsequent events or circumstances make the terms of the old trust impractical,...more

Warner Norcross + Judd

Decanting: Useful for Trusts as Well as Wine

Warner Norcross + Judd on

You likely have created revocable or irrevocable trusts, or a few of both, in your estate plan. Ideally, these have been properly drafted with plenty of flexibility so that they can continue to meet your wealth planning goals...more

Proskauer Rose LLP

Wealth Management Update - September 2024 - 2

Proskauer Rose LLP on

September 2024 AFRs and 7520 Rate - The September 2024 Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 4.8%, a decrease from the August 2024 rate of 5.2%. The September...more

Husch Blackwell LLP

Options for Changing an Irrevocable Trust

Husch Blackwell LLP on

As its name implies, an irrevocable trust cannot be revoked by the person who establishes the trust. Typically, an irrevocable trust also cannot be changed by a trustee or beneficiary. The irrevocable nature makes the trust a...more

Morris James LLP

Chancery Applies Unclean Hands Doctrine to Prevent a Trustee from Rescinding the Decanting of a Trust

Morris James LLP on

In the Matter of: The Niki and Darren Irrevocable Trust and the N and D Delaware Irrevocable Trust, C.A. No. 2019-0302-SG (Del. Ch. Feb. 4, 2021) - Delaware’s decanting statute allows a trustee to “decant” a trust by...more

Adler Pollock & Sheehan P.C.

Breathe New Life Into a “Broken” Trust By Decanting It

Building flexibility into your estate plan using various strategies is generally advised. The reason is that life circumstances change over time, specifically changing tax laws and family circumstances. ...more

Allen Matkins

California's New Uniform Trust Decanting Act

Allen Matkins on

In a recent post, I remarked that as a corporate and securities lawyer I was unfamiliar with the term "decanting" in respect to trusts. Much to my surprise, I have since learned that last year California actually enacted a...more

McNees Wallace & Nurick LLC

McNees Insights Estate Planning News - September 2018

Modifying Irrevocable Trusts 101 - As family and financial circumstances change with time, clients often desire to modify the terms of the trusts they have created. Even if a trust is irrevocable, in Pennsylvania there are...more

Goulston & Storrs PC

T&E Litigation Newsletter- March 2017

Goulston & Storrs PC on

This week has brought a much-anticipated decision by the Supreme Judicial Court regarding trust decanting, and the past month also brought the latest chapters in two cases that we reported on previously....more

Goodwin

Massachusetts Supreme Judicial Court Decision Affirms Trustee Decanting Authority

Goodwin on

The Massachusetts Supreme Judicial Court’s recent decision in Morse v. Kraft recognizes, in certain circumstances, a Trustee’s ability to decant trust assets by distributing them to a new trust in lieu of making an outright...more

Jaburg Wilk

What is an Irrevocable Trust?

Jaburg Wilk on

Phoenix business law firm Jaburg Wilk's Estate Planning attorney Beth Cohn discusses irrevocable trusts. She talks about how people use them and the process involved with them. She explains what decanting is and the...more

BakerHostetler

The Proliferation of Trust Decanting Statutes Continues

BakerHostetler on

Irrevocable trusts are now subject to varying degrees of amendment by court approved modifications, trust protector actions, private settlement agreements, and, of course, decanting....more

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