News & Analysis as of

Trustees Guardians

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

Whether an equitable power of appointment incident to a trust relationship is “in gross” or “collateral”: The practical...

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

Newburn Law

Ensuring Your Pet's Future: The Comprehensive Guide To Pet Trusts

Newburn Law on

As pet owners, we form deep bonds with our furry, feathered, or scaly companions, considering them part of our families. But what happens to these beloved pets if we become unable to care for them due to illness, incapacity,...more

McGuireWoods LLP

Once Removed Episode 23: Naming Guardians for Minor Children

McGuireWoods LLP on

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

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

When the guardian ad litem “representing” the yet-to-come-into-existence beneficiaries of a trust is nonfeasant or malfeasant

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

Conn Kavanaugh

Leaving Money for Fido: Is Your Pet Trust Still Valid?

Conn Kavanaugh on

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

Husch Blackwell LLP

Understanding Key Differences Between Guardians and Special Needs Trustees

Husch Blackwell LLP on

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

Burns & Levinson LLP

Estate Planning for Your Furry Friends – Pet Trusts Explained

Burns & Levinson LLP on

For many pet owners, their furry friends are not just their most valued possessions – they are family members. Pet owners want to do everything they can to care for their pets, but what happens if they outlive you? It can be...more

Stoel Rives LLP

Ideas for Planning and Caring for Your Pets upon Incapacity or Death

Stoel Rives LLP on

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

Burns & Levinson LLP

Four Basic Aspects About Fiduciary Litigation

Burns & Levinson LLP on

Fiduciary litigation, which includes disputes involving families, estates, trusts, and property transfers, can be complex and daunting. However, there are certain basic, frequently encountered aspects of fiduciary...more

Rivkin Radler LLP

Wendy and Jen Wreck the Movies: How the Grinch Stole Christmas (1966), or “It Ain’t Over til All the Whos in Whoville Sing”

Rivkin Radler LLP on

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

Winstead PC

Court Holds That Trustee Who Engaged In Self-Interested Transactions Did Not Have Standing To Challenge Guardianship Proceeding...

Winstead PC on

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

Burns & Levinson LLP

How to Fire Your Fiduciary

Burns & Levinson LLP on

There may come a time in your life when you are in need of a fiduciary. A fiduciary relationship is deemed to exist when one party is bound to act for the benefit of another party. You may have the opportunity to choose your...more

Downey Brand LLP

Who Protects the Interests of Children in Trust Disputes?

Downey Brand LLP on

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

Sands Anderson PC

Planning in Panic Mode

Sands Anderson PC on

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

Downey Brand LLP

Blast from the Past – Trusts Subject to Medi-Cal Reimbursement

Downey Brand LLP on

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

White and Williams LLP

Pennsylvania’s New Revised Uniform Fiduciary Access to Digital Assets Act

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

Winstead PC

Court Holds That A Trustee Had The Power To Sell Trust Property To An Affiliate, Though Such An Act May Be In Breach Of A Duty

Winstead PC on

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

Bowditch & Dewey

Protecting Pets During the COVID-19 Pandemic

Bowditch & Dewey on

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

Downey Brand LLP

Guardian of the Galaxy – What is the Role of a Guardian Ad Litem in Trust and Estate Disputes?

Downey Brand LLP on

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

Jaburg Wilk

Your Guide to Essential Estate Planning Documents

Jaburg Wilk on

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

Obermayer Rebmann Maxwell & Hippel LLP

When Is It Time To Update My Estate Plan?

Many people believe that once they have executed their estate planning documents, those documents can remain in the safe deposit box until the day when they may be needed. However, your estate planning documents should be...more

Farrell Fritz, P.C.

Wills, Trusts and Estates: Plain and Simple - Estate Planning – Besides Saving Estate Taxes, What Should Be On Your Checklist?

Farrell Fritz, P.C. on

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

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – October 2019

Goulston & Storrs PC on

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

Jaburg Wilk

Do I Need an Estate Plan?

Jaburg Wilk on

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

Chambliss, Bahner & Stophel, P.C.

When Should You Consider Changing Your Special Needs Plan’s Key Players?

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

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