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
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
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
This presentation will take a detailed look at the attorney-client privilege between a trustee and its attorney, the scope of the privilege, the fiduciary exception that would allow beneficiaries to review communications and...more
Elvis Has Left the Building - In 1977, when Elvis Presley died (to put a complicated situation very simply), his estate and any future royalties generated by his intellectual property, including his music, passed into a...more
Pay attention to securities laws when planning your estate - Do your assets include unregistered securities, such as restricted stock or interests in hedge funds or private equity funds? If so, it’s important to consider...more
Regulation of Custodial Practices under the Investment Advisers Act of 1940 is a comprehensive outline summarizing SEC regulatory requirements for investment advisers that have custody of their client’s assets (or that want...more
Picture this: your family has a longstanding rumor that you are the child of an affair. Not only that, but it is an open secret who your family believes your other parent is. One day, you hear that the possible other parent...more
You’ve received an inheritance: Now what? If you’ve received, or will soon receive, a significant inheritance, it may be tempting to view it as “found money” that can be spent freely. But unless your current financial plan...more
In Goepp v. Comerica Bank & Trust, N.A., the settlors created inter vivos trusts and their three children were the remainder beneficiaries. No. 03-19-00485-CV, 2021 Tex. App. LEXIS 5461 (Tex. App.—Austin July 9, 2021, no pet....more
Estate plans are supposed to be living documents that evolve over time. Generally, you should review your plan every 5 years to stay current, or whenever you or your beneficiaries have a major life event such as marriage, the...more
Many California trusts confer a lifetime right to income on a person (often the surviving spouse) with the remainder passing to designated survivors upon the income beneficiary’s death. When the income beneficiary dies, is it...more
According to recent statistics, four out of every ten families are blended families. As you might expect, estate planning for blended families is often complicated. Proper planning requires not only careful financial and...more
As we enter the New Year, it’s a good time to revisit your estate plan. The big question is whether your will, trust, power of attorney, and advance health care directive accomplish your personal objectives. Guidance from an...more
Below is a brief glance of what you'll find in the January/February 2021 issue of The Estate Planner. - Can a charitable trust replicate a stretch IRA? - Power up your trust with Crummey powers - Net gift technique...more
Many California trust and estate disputes involve the allocation of real estate amongst several beneficiaries. Mom and Dad, may they rest in peace, owned an upscale home in the Fab 40s neighborhood of East Sacramento, a sweet...more
After creating and implementing a plan for your estate, it is important to regularly revisit your plan to ensure that it is still reflective of your values and goals for passing along your legacy. Seemingly small changes in...more
Bank trust departments, also referred to as corporate trustees, provide professional management to the administration of California trusts. People may choose to name a bank to act as successor trustee when they can no longer...more
Tracy M. Potts has nearly three decades of experience in California with estate planning, administration and litigation. A Texas native, she earned her law degree from Southern Methodist University School of Law. Her...more
People often ask “Why do I need a trust?” Some folks think they can get by with a simple will. Here is why you probably need more than that...more
What is a reasonable trustee’s fee in California for a family member who acts as trustee? We see a high degree of conflict over this issue even when the amount of the claimed fee is small compared to value of the trust...more
I’m writing this in Wilmington, North Carolina at a time when many in this area still are struggling after Hurricane Florence. The weekend before the storm was bright and sunny. I would have rather gone to the beach, but...more
Stepmothers are frequent characters in California trust and estate litigation, as they are in fairy tales and Disney movies. With about half of all marriages ending in divorce, there are many stepmother/stepchild...more
I’m a sibling lawyer. My career started early, as a middle child, and now continues as a Sacramento-based trust and estate litigation attorney. Most of my clients are grappling with sisters or brothers over the care and...more
In In re Tipps, an elderly woman’s son became trustee of a trust due to her incompetency, and the son and his brother went to a mediation concerning a guardianship proceeding and other issues. No. 05-14-01495-CV, 2016 Tex....more