Bar Exam Toolbox Podcast Episode 340: Listen and Learn -- Trust Formation and Administration
Balancing Your Estate for Harmony
The Hangover: GST Tax Issues, Asset Protection, Income Tax Residency vs. Domicile, and Other Safeguards
Choosing a Trustee: Navigating the Complexities and Key Considerations
The Case of the Disappearing Trust
When DNA Tests Meet Estate Plans: Surprise Heirs and the Legal Fallout - For many families, at-home DNA testing kits like 23andMe and Ancestry.com have provided fascinating insights into ancestry and genetic health. But...more
If you are a professional, entrepreneur, investor, or family steward with meaningful personal assets, a well‑crafted Domestic Asset Protection Trust (DAPT) can help you proactively shield wealth from lawsuits, creditor...more
Revocable trusts are often the centerpiece of a client’s estate plan for the many benefits that they provide. Revocable trusts are private agreements that are easily amendable, and avoid the costs and delays associated with...more
How many times have you prepared your income tax returns for the previous year, only wishing you knew then what you know now, so you could go back and make more advantageous tax decisions? Typically, the choices you make...more
Most people are completely unaware of the heavy personal legal and financial responsibility they accept when they agree to serve as the executor of an estate or the trustee for a family trust. Once the glow of the honor...more
Estate planning traditionally focuses on tangible assets, including real estate, investments, and personal property. But in today’s digital age, your intellectual property may be just as valuable, and often more vulnerable....more
The path settlement funds take from a defendant to a personal injury plaintiff can radically change how much the plaintiff keeps. Often, slowing settlement negotiations to plan that path, or convince defendants to cooperate,...more
When it comes to estate planning, trusts are among the most versatile and powerful tools available. They allow you to manage your assets, protect your legacy, and provide for loved ones with clarity and control. ...more
Welcome back to the Bar Exam Toolbox podcast! This episode of our "Listen and Learn" series explains the fundamentals of trust formation and administration, covering the requirements for creating both private and charitable...more
The High Court has approved a settlement where the validity of generations of amending and consolidating deeds was in question. Hogan Lovells acted for the trustee....more
Serving as a fiduciary carries significant responsibility. Whether you are an executor, administrator or trustee, the role requires careful attention to legal, financial and administrative details, often at a time when...more
This is the third of a four-part series focusing on estate planning for founders. In this installment, we will cover why an Intentionally Defective Grantor Trust (IDGT) may be an effective estate planning tool for founders. ...more
Each year, I revisit the most common estate planning missteps I see in my practice. These mistakes cost families time, money, and peace of mind. If you’ve been putting off your plan, consider this your annual nudge to take...more
When representing fiduciaries in litigation that estate and trust beneficiaries commence, my Farrell Fritz, P.C. colleagues and I seek to limit the fiduciaries’ exposure to liability. One way to accomplish that objective is...more
With the recent increase of the 2026 federal estate and gift tax exemption to an unprecedented and astounding $15 million per person (a whopping $30 million for married couples), the necessity of federal estate tax planning...more
Losing a spouse is an overwhelming experience, and the practical tasks that follow can feel especially daunting. While every estate is different, having a clear roadmap of what to address and when can help you stay organized...more
At Robins Kaplan’s annual Fiduciary and Wealth Disputes Seminar “What Keeps Fiduciaries Up At Night?” attendees heard from John Taft, Vice Chair at Baird and a 40-year veteran of the financial services industry....more
The Virginia Court of Appeals recently ruled that a lawsuit seeking to remove a trustee does not trigger a no contest clause. This decision is both valuable and timely, as it clarifies what many attorneys in Virginia have...more
Constructive trust claims regularly arise in trusts and estates litigation. Based upon a recent decision that Suffolk County Surrogate Vincent J. Messina, Jr. issued, in which the Surrogate found that a constructive trust...more
When an estate owns rental property, the Personal Representative must strike a careful balance between the statutory obligations landlords owe to tenants and the fiduciary duties owed to the estate’s beneficiaries. While...more
Owning property with the right of survivorship can sometimes create conflicts with the terms of a person’s will. This can lead to confusion, unintended outcomes, and even disputes. Disputes about right of survivorship...more
Welcome to our monthly update on current legal issues for trustees of DC pension schemes, designed to help you stay up to date with key developments between trustee meetings and to support the legal update item on your next...more
The Royal Court of Guernsey has confirmed its jurisdiction to remove fiduciaries from a trust where their continued involvement obstructs its proper administration. This decision reinforces the Court’s willingness to...more
For those well-versed in practice before Ohio’s Probate Courts or with guardianships in general, the procedural intricacies and weighty responsibilities of a guardian of estate are just part of an ordinary week. For those...more
Delaware’s Court of Chancery has again emphasized that decanting is a limited tool that must be grounded in actual authority under the governing instrument and statute. In a recent memorandum opinion arising out of a...more