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Trustees Trust Funds

Bowditch & Dewey

Tales from the Docket: Who Gets the Money When a Trust Fails?

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In 1998, Elizabeth died leaving a will that contained a trust for the benefit of her niece, Jean, for her life. Upon Jean’s death, the remaining trust assets were to pass to her other niece, Dorothy. Both Jean and Dorothy...more

Warner Norcross + Judd

When a Non-trustee Helps Administer the Trust

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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Kratzer Revocable Trust & In re Wendell Kratzer Revocable Trust, Docket Nos 357860, 357861 (Mich Ct App Mar 23 2023) (unpublished).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

Downey Brand LLP

Trustees Beware: The Line Between Protected and Wasteful Litigation Is Thinner Than You Think

Downey Brand LLP on

This blog has devoted a lot of real estate to the use of anti-SLAPP motions in California trust and estate litigation. Though the courts’ treatment of such motions is varied and oftentimes unpredictable, Californians can...more

Warner Norcross + Judd

How To Be a Good Trust Beneficiary

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Following our series on how to serve and protect yourself as a trustee for your family, it only makes sense to talk about the other side of the equation ─ being a beneficiary. Unlike trustees, who have very specific fiduciary...more

Patterson Belknap Webb & Tyler LLP

Delaware Court Finds Texas’s Trust Fund Doctrine Lives, but Debtor’s Fiduciary Claims Dead on Arrival

A Delaware bankruptcy court recently held that Texas’s “trust fund doctrine” remains applicable for companies that have not availed themselves of Texas’s formal dissolution process.  Nonetheless, fiduciary claims by a...more

Conyers

Is their wish your command? Thoughts for trustees and settlors on letters of wishes

Conyers on

It is common practice when a trust is established for the economic settlor to provide a letter of wishes, addressed to the trustees of the trust, setting out their wishes with respect to the administration of the trust. For...more

Downey Brand LLP

When Can California Trustees Use Trust Funds to Hire Lawyers?

Downey Brand LLP on

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

Bowditch & Dewey

When to Take Advantage of a Spousal Lifetime Access Trust (SLAT)

Bowditch & Dewey on

Under the Tax Cuts and Jobs Act, in 2020 each person may transfer up to $11,580,000 without incurring a gift or estate tax. This generous exemption amount will sunset at the end of 2025, which means that in 2026, the...more

Bowditch & Dewey

Trust Funding: the Overlooked Estate Planning Tool

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Many clients create an estate plan, then put the documents safely away, until they are needed. However, they have forgotten to complete one final important step. Trust funding is the most overlooked estate planning tool....more

Downey Brand LLP

Another Shiner – Court Confirms Hefty Fee Award to California Attorney General in Breach of Charitable Trust Action

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In California, the Attorney General oversees charitable trusts. This responsibility includes bringing legal actions against trustees who breach their fiduciary duties. Government Code section 12598 provides that the...more

King & Spalding

Medicare Trustees Release 2018 Annual Report

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On June 5, 2018, the Medicare Boards of Trustees (the Board) released its annual report on the fiscal condition of the Medicare trust funds: the Hospital Insurance (HI) trust fund, which supports Medicare Part A, and the...more

Womble Bond Dickinson

HMRC's Online Register of Trusts: Why You May Need to Take Action Now

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If you are the trustee of a non-UK trust which has UK assets or UK sources of income, you need to take action before 5 March 2018 or face potential civil and even criminal penalties. The EU's Fourth Anti-Money Laundering...more

Cozen O'Connor

Health Care Reform Implementation Update - June 4, 2013

Cozen O'Connor on

Medicare Trustees released their annual report finding that the Medicare trust fund will be exhausted in 2026, two years later than was predicted last year; over the past two weeks, as Washington has investigated the Internal...more

King & Spalding

Medicare Trustees Project Longer Solvency Period for Hospital Trust Fund

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A May 31, 2013 report from the Trustees of the Federal Hospital Insurance and Federal Supplementary Medical Insurance Trust Funds projects that the Medicare Hospital Insurance Trust Fund will remain solvent through FY 2026,...more

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