News & Analysis as of

Liability Estate Planning

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

Liability of Trust Beneficiary Who Litigates Vexatiously or Participates in a Breach of Trust

The Restatement (Third) of Trusts, specifically §104, lists four general areas in which the beneficiary’s actions may lead to an assumption of internal liability to the trust estate: (1) A loan or advance to the beneficiary...more

Allen Barron, Inc.

A Trustee or Executor has Substantial Financial and Legal Liability

Allen Barron, Inc. on

Have you been asked to be a trustee or executor? A trustee or executor has substantial financial and legal liability, and the trust or estate will pay an attorney to guide them through the process....more

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

To Lawyers Who Refer Clients to Estate-Planning Attorneys Who Act as Professional Trustees: Beware the Uniform Trust Code’s...

Consider the lawyer who lacks a working familiarity with trusts, and with estate planning generally. He prudently and ethically refers a client in need of an estate plan to a well-respected lawyer who also happens also to be...more

Falcon Rappaport & Berkman LLP

The Process is the Punishment: The Hidden Benefit of Advance Asset Protection Planning

Over the past few decades much has been written about the benefits of engaging in asset protection planning to protect one’s legacy from future unknown, unforeseen lawsuits and other third-party claims. Antidotally, those of...more

Fox Rothschild LLP

How Pennsylvania's New Directed Trust Act Will Affect Corporate Trustees

Fox Rothschild LLP on

Now that Pennsylvania recognizes directed trusts, corporate fiduciaries should be aware that sharing trust responsibilities could create both legal liability and administrative burdens. The law, which went into effect late...more

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

May a Mentally Incapacitated Trustee Be Held Personally Liable for His Breaches of Trust?

Assume sole trustee of an irrevocable discretionary trust for benefit of deceased settlor’s descendants living from time to time suffers a sudden unforeseen mental disability that causes trustee to imprudently administer the...more

Jaburg Wilk

Protect Your Assets: The Importance of Adequate Insurance in Estate Planning

Jaburg Wilk on

When it comes to estate planning, ensuring your assets are well-protected should be a top priority. Insurance is a crucial component that many overlook, but it can be the key to securing your legacy. Here’s why sufficient...more

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

Individual Trustee Delegates to Financial Institution the Job of Taking Custody and Keeping Track of Income and Principal: The...

While PC software programs are a practical improvement over the trustee’s hard-copy ledger book, when it comes to keeping track of trust income and principal these programs still require serious clerical monitoring on the...more

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

Due to scrivener negligence, the dispositive provisions of a trust fail to reflect the deceased settlor’s wishes: Can it be that...

Assume the deceased settlor of a trust had intended that his niece be included in the beneficiary class, but his estate-planning attorney had negligently made no provision for her in the governing instrument. After settlor’s...more

Schwabe, Williamson & Wyatt PC

Estate Planning for Physicians: Why It’s Important and How to Get Started

When you’re a physician, your life is defined by long hours, major responsibilities, and a focus on the health and well-being of your patients. Though dedication to your practice is commendable, planning for the future is...more

IR Global

Navigating the Complexity of Succession Planning: Lessons from a Case Study

IR Global on

Succession planning is a multifaceted endeavor that requires careful consideration of various factors to ensure a seamless transition of business ownership. In a recent video, succession planner Jeff Faulkner highlights the...more

Lippes Mathias LLP

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

Lippes Mathias LLP on

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

Ward and Smith, P.A.

What Does a Wrongful Death Lawyer Do?

Ward and Smith, P.A. on

In the blink of an eye, a bad car wreck or another serious incident can result in a death. Losing a loved one is absolutely devastating. In North Carolina, when an individual's negligence, wrongful acts, or intentional acts...more

Farella Braun + Martel LLP

Do You Have Trust (or Estate) Issues Due to PFAS Chemicals Being Designated as Hazardous Substances Under CERCLA?

Among the wide-ranging impacts of EPA’s designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under CERCLA may be increased liability for trustees and beneficiaries of...more

Kohrman Jackson & Krantz LLP

Understanding Prenuptial Agreements: Part 1 - Exploring the Basics

Prenuptial agreements, most often referred to as “Prenups,” tend to have an unfair reputation as a societal matter. In fact, it’s not uncommon for critics of prenuptial agreements to view them as the most pessimistic way to...more

Lippes Mathias LLP

Hiring Counsel for Estate and Trust Administration Could Help You Avoid an Expensive Conflict

Lippes Mathias LLP on

Losing a family member or friend is a difficult situation for everyone. In 1969, the Swiss-American psychiatrist Elizabeth Kübler-Ross wrote in her book “On Death and Dying,” that grief could be divided into five stages:...more

Winstead PC

Presentation - Texas Fiduciary Litigation Update: 2018-2019

Winstead PC on

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses Texas fiduciary litigation case law and addresses issues such as merger of trusts, Gun Trusts, statute of limitations, quasi-estoppel,...more

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