News & Analysis as of

Trustees Revocable Trusts Trusts

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

Parsing the Uniform Trust Code in Isolation Without Regard to the Uniform Probate Code and the Uniform Powers of Appointment Act...

Intro. The Uniform Trust Code (UTC) is a mere aggregation of tweaks to the corner of equity jurisprudence that long ago gave birth to and currently stewards the trust relationship, hereinafter “the background trust law.”...more

Allen Barron, Inc.

Estate Planning for Pets in San Diego and Throughout California

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What do you need to know about estate planning for pets in San Diego and throughout California? What are some of the essential elements of an effective estate plan that will protect your beloved companion(s) while ensuring...more

Warner Norcross + Judd

Decanting: Useful for Trusts as Well as Wine

Warner Norcross + Judd on

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

Saul Ewing LLP

Is a Revocable Trust Right for You?

Saul Ewing LLP on

When crafting an individual estate plan, you should consider whether a Revocable Trust is right for you. Below is an analysis of an artificial fact pattern and the estate plan I would recommend based on that fact pattern....more

Carey Olsen

Types and uses of Cayman Islands law trusts

Carey Olsen on

The Cayman Islands is one of the leading jurisdictions for the establishment and management of trusts. It has a sophisticated professional trust sector, modern trusts legislation and an effective judicial system. There is a...more

Saul Ewing LLP

Unlocking the Benefits of a Revocable Trust: Flexibility, Control, and Peace of Mind

Saul Ewing LLP on

The benefits of a Revocable Trust are three-fold. Firstly, assuming that the Revocable Trust is properly funded with all of a person’s assets, a Revocable Trust helps avoid a state’s probate procedure, which can be costly...more

Allen Barron, Inc.

What do You Need to Know About A Trust and Why?

Allen Barron, Inc. on

Most US homeowners and business owners understand the importance of an estate plan; they just never seem to get around to completing the task. What do you need to know about a trust? Why are trusts a central component of any...more

Husch Blackwell LLP

Guide to Reviewing Your Estate Plan

Husch Blackwell LLP on

Because so many things can change with time, we recommend that our clients review their estate plans every three to five years and update plans as needed. These periodic reviews help to ensure that your affairs are in order,...more

Warner Norcross + Judd

When are Probate Court Decisions and Arbitration Decisions of Probate Disputes Appealable?

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In the recent case In Laureen Gordon Revocable Trust, the Michigan Court of Appeals digs into these questions. Gordon Trust involved a fight between an uncle and his niece and nephew primarily over the distribution of family...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, September/October 2023

Preparing for 2026 - Four ways to build flexibility into your estate plan - January 1, 2026, is a significant date for estate planning. On that day, the federal gift and estate tax exemption amount set by the Tax Cuts...more

Bowditch & Dewey

Should You Have a Trust for Your Child?

Bowditch & Dewey on

There may have been a time in your life when you had a piggy bank for your child – a fun and interactive way for you to teach money management, patience, and basic math. The money went in, but it was often difficult to...more

Downey Brand LLP

Another Trust Modification Decision Adds to the Logjam

Downey Brand LLP on

We’ve been your dogged reporter on the ever-growing logjam in the Courts of Appeal on trust modification procedure. We’ve followed the twists and turns that courts have taken as they’ve tackled the question of what happens...more

McGuireWoods LLP

Recent Cases of Interest to Fiduciaries: May 2023

McGuireWoods LLP on

In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following... ...more

Rivkin Radler LLP

Cocktails & Estate Planning are Not Necessarily Good Mixers

Rivkin Radler LLP on

Oh, the things you hear at cocktail parties: “Everyone should have a revocable trust,” “It’s easy to change your residence to Florida for tax purposes – just count days and get a Florida license,” “Make all your trusts...more

Warner Norcross + Judd

When a Non-trustee Helps Administer the Trust

Warner Norcross + Judd on

In re Esther Kratzer Revocable Trust & In re Wendell Kratzer Revocable Trust, Docket Nos 357860, 357861 (Mich Ct App Mar 23 2023) (unpublished). Wendell and Esther Kratzer, husband and wife, had four children including...more

Rivkin Radler LLP

What Trustees and Executors Should Know About FDIC Coverage

Rivkin Radler LLP on

Recent headlines about bank closures have prompted people to check their personal bank accounts to make sure the balances are under the $250,000 FDIC insurance limits. The Federal Deposit Insurance Corporation (FDIC) is an...more

Rivkin Radler LLP

Estate Planning Lessons from the Presley Family

Rivkin Radler LLP on

Attention-grabbing headlines declare that Priscilla Presley is challenging Lisa Marie Presley’s trust. The facts of the case, as they appear in the court filing, are not as dramatic as the headlines, but the controversy...more

Ward and Smith, P.A.

"It Ain't Over 'Til It's Over" - Use Of A Funded Revocable Trust In Estate Planning

Ward and Smith, P.A. on

Revocable trusts can simplify asset management during life and facilitate and make private asset transfers at death.  You may think that your estate planning work is done when you sign your revocable trust agreement, but, to...more

Lathrop GPM

Minnesota Court of Appeals Rules Power of Attorney Insufficient to Amend Revocable Trust

Lathrop GPM on

On January 30, 2023, the Minnesota Court of Appeals issued an opinion in In re Eva Marie Hanson Living Trust addressing the ability of an attorney-in-fact to amend a revocable trust on behalf of an incapacitated trust...more

Warner Norcross + Judd

Was the Trust Beneficiary Entitled to In-kind Distribution of Trust Assets?

Warner Norcross + Judd on

On January 12, 2023, the Michigan Court of Appeals issued its decision in In re Claeys Revocable Living Trust, 2023 Westlaw 175242, No 360054 (Mich Ct App Jan 12 2023), which considered whether a trust beneficiary was...more

Lathrop GPM

Minnesota Court of Appeals Upholds Settlor’s Intent, Rejects Beneficiary’s Petition to Modify Trust and Receive Attorney Fees

Lathrop GPM on

In an opinion released last week, the Minnesota Court of Appeals rejected a petition to modify the terms of a trust to allow for the early distribution of trust assets to the beneficiaries. The court also denied the...more

Winstead PC

Trust Issues In Divorce Proceedings - Presentation

Winstead PC on

David F. Johnson presented “Trust Issues In Divorce Proceedings” on November 17, 2021. This presentation covered trust issues that arise in divorce disputes, such as spouses creating an irrevocable trust, fraud claims to void...more

Winstead PC

Trustee’s Obligation to Inform Beneficiaries: Avoiding Breach of Fiduciary Duty Claims - Presentation

Winstead PC on

David F. Johnson presented “Trustee’s Obligation to Inform Beneficiaries: Avoiding Breach of Fiduciary Duty Claims” to a national audience on November 16, 2021, via Strafford publishing with his co-presenter Scott E. Rahn,...more

Downey Brand LLP

California Trusts Cannot Hold Title to Real Estate

Downey Brand LLP on

A common misperception of trusts is that they are legal entities that, like corporations, can hold title to real estate and other property. A new California appellate decision, Boshernitsan v. Bach (2021) ___ Cal.App.5th ___,...more

Bowditch & Dewey

Legal Considerations of Living Together in a Multi-Generational Home

Bowditch & Dewey on

During COVID, many of us are balancing working remotely while caring for our children. This autumn, most of our children are returning to part-time or all remote school. We are using our residences as a home, office, and...more

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