The Case of the Disappearing Trust
In a groundbreaking decision that could reshape the landscape of California estate law, the Court of Appeal in the Second District Division Four has ruled in favor of trustee David Henry Simon, affirming his right to seek a...more
When hostilities break out between individual co-trustees, incumbent trust counsel faces a representation conundrum. In §8.8 of Loring and Rounds: A Trustee’s Handbook (2025), see appendix below, we grapple with the...more
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
Estate planning is an essential process which can ensure that your wealth is distributed appropriately after you pass. Every estate planning attorney’s goal is to assist clients to protect their assets, instead of allowing...more
In its recent decision in Ingram v Kulynych Estate, the Court of Appeal for Ontario clarified the timeline for bringing equitable trust claims against estates, concluding that such claims are subject to the two-year...more
Equity’s maxims have many jurisprudential functions, one critical function being to sinew the equitable principles that regulate the law of trusts. A court that is saddled with sorting out the rights, duties and obligations...more
Understanding the significance of trustee notice, as mandated by Probate Code Section 16061.7, is crucial in trust administration. This notice is required upon the occurrence of certain events, most notably, when a trust...more
On November 6, 2023, the Minnesota Court of Appeals issued its opinion in In the Matter of the Trust Agreement of Genevieve M. Rossow. Among other topics, the court’s opinion addressed whether a trust beneficiary’s power to...more
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
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
Maybe a friend or a relative has recently passed away and you just received a communication informing you that you have been named as a trustee. You have no idea what this role entails, and you feel overwhelmed having no...more
2022 saw a number of changes to legislation affecting trust and estate planning and administration, including some revisions to tax guidelines. In this webinar, Whitney O’Reilly will recap key updates from the previous year,...more
On May 23, 2022, the Superior Court of Pennsylvania held that the fiduciary exception to the attorney-client privilege and attorney work product doctrine is consistent with Pennsylvania law. This ruling was highly anticipated...more
Join us for an interactive two-day webinar that will focus on the multifaceted issues impacting fiduciaries and beneficiaries. We’ll highlight hot topics in the administration of trusts and estates, and we’ll discuss how to...more
Lowenstein Sandler lawyer Joseph Romano and investment advisor Julie Jackson discuss creating, managing, and investing trusts, plus how to keep a child with a trust from turning into a trust fund baby. Speakers: Warren...more
Zachary Young is a private professional fiduciary with CMY Fiduciary Services in Sacramento. His mother, Carolyn M. Young, began work as a fiduciary in 1986. Zach received his bachelor’s degree in business and communications...more
Join us for an interactive webinar focusing on multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they...more
We’ve written about how co-trustee conflict fuels California trust litigation and the problem seems to be growing. Trust administration grinds to a halt because a co-trustee (or two or three) is hostile, stubborn,...more
Our latest interactive webinar focuses on multi-faceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they arise,...more
David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, discusses in this two part series many of the interesting and complex issues that arise from trustees making trust distributions to beneficiaries. The...more
Many family member trustees are uncertain about whether and to what extent they can use trust assets to obtain legal representation. For example, when two parents choose their daughter, upon their incapacity or death, to...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
What court should hear a dispute over a California trust? I briefed this question last month when a judge questioned if a case should instead be adjudicated in neighboring states. Such jurisdiction issues come up occasionally...more