John Wick - What You Need To Know about the Corporate Transparency Act
Once Removed Episode 24: Expressing Goals and Intent for the Trust
Once Removed Episode 23: Naming Guardians for Minor Children
Digital Planning Podcast Episode: Planning for Influencers
A Primer On Trusts - A Podcast with Janathan Allen
Once Removed Episode 12: SLATs and the Case of McKim vs. McKim
Once Removed Episode 11: Spousal Lifetime Access Trusts, or SLATs
Once Removed Episode 10: Trustee Removal and Case Update on Leo Kahn Revocable Trust
Nonprofit Basics: Meeting Minutes Best Practices
Nonprofit Basics: Conflict of Interest Policies and Best Practices for Approving Insider Compensation
The Case of the Disappearing Trust
Protecting Your Estate Plan from Challenges: No-Contest Clause Explained
Estate Planning 101: The Five Most Important Clauses for Wills and Trusts
Law Brief: Alexis Gruttadauria and Rich Schoenstein Discuss Why You Need an Estate Plan
THE PAPER CHASE
Investment Management Update – Exit Strategies
Bill on Bankruptcy: US Airways Need a Merger More than AMR
Bill on Bankruptcy: Supreme Court Cases Will Have Wide Impact
Bill on Bankruptcy: Trustees Sleep Easy after High Court Ruling
Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million
Wendy Williams’ ongoing legal battle over her financial conservatorship has reignited public debate on the complexities of incapacity planning. Although she allegedly executed a power of attorney (POA) in favor of her son,...more
In an external contract-based or tort-based dispute between the trustee and a third party to the trust relationship, the beneficiaries are generally not necessary parties. But all beneficiaries (of an irrev. trust) whose...more
Section 17.3, comment f, of the Restatement (Third) of Property (Wills and Other Donative Transfers) explains the difference between a collateral power of appointment and a power of appointment in gross: “In traditional...more
For parents with young children, naming the guardian who will raise their children upon the parents’ passing can be one of the most important and foundational questions of an estate plan. And in fact, because this decision is...more
Does a court-appointed GAL in a trust matter owe fiduciary duties to the parties to the trust relationship who have yet to come into existence, e.g., the settlor’s future great grandchildren (hereinafter the “non-existent...more
Fortunately, your worry was solved by the Massachusetts Pet Trust Law, M.G.L.A. 203E § 408, which allows the creation of a trust during the settlor/owner’s lifetime for the continuing care of a pet or other animal should the...more
Individuals with a disability or special needs (hereafter, the “individual”) frequently have a team of people providing them the care and assistance they require. For families managing this care team, there is an...more
Many of us consider our pets an important part of our family and worry about their care and well-being when we are no longer able to make decisions about their care. As animal lovers ourselves, we have worked with many...more
The Grinch lives alone in a mountaintop cave with his dog, Max, and no medical attention for his undersized heart and oversized unpleasantness. The Grinch observes the noisy holiday festivities of Whoville from afar. The...more
In In re Guardianship of Margol, a mother named her son as her power of attorney agent and as a trustee of a trust in which she was a beneficiary. No. 05-21-00255-CV, 2022 Tex. App. LEXIS 4119 (Tex. App.—Dallas June 16, 2022,...more
California trust disputes often involve the interests of parents and their minor children. Sometimes those interests conflict. When disputes are settled, who looks out for the interests of children under 18 years of age? Who...more
A few years ago, I spent a memorable weekend going back and forth between my office and a client’s hospital room. I spent hours sitting at hospital cafeteria tables or by my client’s bedside while he waited for an operation,...more
We begin the year with a case, Riverside County Public Guardian v. Snukst (2022) ___ Cal.App.5th ___, involving an elder with dementia who received Medi-Cal benefits. The case, a blast from the past, illustrates how the...more
On July 23, 2020, Governor Wolf signed Act 72 of 2020, the Revised Uniform Fiduciary Access to Digital Assets Act (Act 72). Developed by the Uniform Law Commission, Act 72 provides fiduciaries, such as executors, guardians,...more
In Pense v. Bennett, the ward in a guardianship proceeding sued to invalidate the sale of real property from a trust created for his benefit to an affiliate of the trustee. No. 06-20-00030-CV, 2020 Tex. App. LEXIS 8002 (Tex....more
During the COVID-19 pandemic, many people are taking action to make sure that their affairs are in order – reviewing guardian nominations for their minor children, funding their revocable trusts and, in some cases, making...more
Most California trust and estate disputes involve adults who can make their own choices about what to seek and how hard to litigate, such as the common scenario of siblings competing for assets. But many disputes, or at...more
If you’re like most people, there is a laundry list of things you’d rather do than think about your estate plan. While it can be a challenging area to discuss, your estate plan is essential to ensure you and your family are...more
The federal estate tax exemption is now $11.4 million per person ($22.8 million/couple), and the New York State estate tax exemption is now $5,740,000 per person. Generally, the exemption amount is the value of assets that...more
The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. ...more
When You Hear the Term “Estate Planning”, Do You Think: “I don’t need an estate plan because I don’t have very much,” “My wishes are simple, I can just jot down what I need,” “I know someone who said they used a Will...more
You have completed and executed your plan for your special needs child. Everyone you’ve selected to serve—your guardian, your trustee, your health care proxy, your executor, and possibly a trust protector as well—has signed...more
While financial elder abuse is a serious problem in California, not just anyone can sue to protect an abused elder. This is especially true if the elder does not want to bring suit in the first place. On April 19, 2017, the...more
President Obama just signed a new law that allows First Party Special Needs Trusts to be established by mentally competent individuals for their own benefit. This is a major “fix” to the current law which only allows First...more
In October 2013, the CFPB released four “Managing Someone Else’s Money” guides for financial caregivers, particularly those who handle the finances of older Americans. The booklets were designed for four different categories...more