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Trusts

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

Liability of Trust Beneficiary Who Litigates Vexatiously or Participates in a Breach of Trust

The Restatement (Third) of Trusts, specifically §104, lists four general areas in which the beneficiary’s actions may lead to an assumption of internal liability to the trust estate: (1) A loan or advance to the beneficiary...more

Weintraub Tobin

Navigating Business Interests as a Fiduciary in California

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Administering a trust or probate estate is challenging enough—but what happens when you, as a private professional fiduciary, are tasked with managing a business interest? Whether you’re a professional trustee, conservator,...more

Allen Barron, Inc.

Offshore Real Estate Ownership and Tax Reporting Requirements

Allen Barron, Inc. on

What do you need to know about offshore real estate ownership and any associated tax reporting requirements? Are you a U.S. taxpayer or U.S. resident who owns real estate outside of the United States? It may surprise you to...more

McManis Faulkner

May a Trustee use Trust Funds in Beneficiary Disputes?

McManis Faulkner on

In California, trustees have a fiduciary duty to act impartially and in the interest of all beneficiaries. But what happens when a trustee uses trust funds to finance litigation that benefits only certain beneficiaries—or...more

Adler Pollock & Sheehan P.C.

Estate Planning Red Flag: You Own Property Jointly With Your Child

There are specific estate planning strategies that, on the surface, may sound appealing. This includes owning property jointly with a child or other family member. However, these techniques can result in unwelcome outcomes...more

Winstead PC

Presentation - Parting Is Such Sweet Sorrow: Issues Arising From Trust Termination and Trustee Succession In Texas

Winstead PC on

On May 21, 2025, David Johnson gave his presentation “Parting Is Such Sweet Sorrow: Issues Arising From Trust Termination and Trustee Succession In Texas,” to the North Texas Estate Planning Council. This presentation...more

Farella Braun + Martel LLP

Love Actually: Planning Considerations for Marriage, Divorce, Cohabitation, the Death of a Spouse, and More

Welcome to The Verdict: Estate Planning Through Film. Today, Farella podcast host Hons Yung is joined by Gigi Orta, a managing director at J.P. Morgan Private Bank, to discuss the movie Love Actually. Gigi and Hons...more

Lowenstein Sandler LLP

Going Once, Going Twice…(but who’s it going to? And what’s it worth?)

Lowenstein Sandler LLP on

Host Warren K. Racusin, Chair of Lowenstein's Trusts & Estates practice, invites Meghan M. Federman and Joanne Mournet, President at DOYLE Auctioneers & Appraisers, to cover how estate planning for art and valuables differs...more

Warner Norcross + Judd

Diversification and Tax Savings with a 1031 UPREIT

Warner Norcross + Judd on

A 1031 UPREIT (Umbrella Partnership Real Estate Investment Trust) transaction allows real estate investors to exchange property on a tax-deferred basis under IRS Section 1031 while gaining diversification and liquidity by...more

Allen Barron, Inc.

A Trustee or Executor has Substantial Financial and Legal Liability

Allen Barron, Inc. on

Have you been asked to be a trustee or executor? A trustee or executor has substantial financial and legal liability, and the trust or estate will pay an attorney to guide them through the process....more

Gordon Rees Scully Mansukhani

Kositzka v. Fick: Key Lessons on Trustee Fiduciary Duty in Virginia Trusts

In a recent decision, the Court of Appeals of Virginia upheld a lower court’s ruling that Kositzka, Wicks and Company (KWC) breached its fiduciary duty to Edward Joseph Ryan, awarding his estate $999,050 in damages, attorney...more

Cadwalader, Wickersham & Taft LLP

Certainty and Uncertainty, May 2025 - Passive Trusts in Maryland — Progress Regarding the Emergency Regulations

As we reported previously, the Maryland Office of Financial Regulation (“OFR”) issued emergency regulations this past January which indicated that passive trusts holding residential mortgage loans, even those used as part of...more

Mandelbaum Barrett PC

Ensuring a Secure Future: Passing Retirement Benefits to a Child with a Disability

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For parents of children with special needs, planning for the future goes far beyond drafting a will. One of the most complex — and important — pieces of the puzzle is ensuring that your retirement assets are distributed in a...more

Chambliss, Bahner & Stophel, P.C.

10 Tips to Consider for Special Needs Planning

Careful planning for the future of a loved one with disabilities is crucial. Consider using legal entities such as a special needs trust to protect their ability to qualify for government benefits while meeting their...more

American Conference Institute (ACI)

[Event] High-Net-Worth Contentious Disputes - June 12th - 13th, New York, NY

As the landscape of HNW disputes remains increasingly complex — with cross-border disputes, challenges with tracing and valuating digital assets, contentious trusts, and privacy concerns playing larger roles — ACI's Inaugural...more

Seward & Kissel LLP

House Tax Bill 2025

Seward & Kissel LLP on

On May 12, 2025, Republicans in the House of Representatives introduced the One, Big, Beautiful Bill of 2025 (the “House Bill”). The House Bill comes out of the House Ways and Means Committee after weeks of internal drafting...more

Chambliss, Bahner & Stophel, P.C.

Passing Retirement Benefits to a Child With Special Needs

Under the SECURE Act, disabled beneficiaries can stretch out inherited retirement account distributions beyond 10 years, provided their life expectancy is longer than the default 10-year rule. Generally, an Applicable...more

Cadwalader, Wickersham & Taft LLP

Certainty and Uncertainty May 2025 - CFPB v. NCSLT Again Again Again

As if the saga of litigation involving the Consumer Financial Protection Bureau (“CFPB”) and National Collegiate Master Student Loan Trusts (“NCSLT”) that has been going on since 2017 has not been protracted and complicated...more

Kaufman & Canoles

Estate Planning - More Than Just a Will

Kaufman & Canoles on

Considering your incapacity or death can feel overwhelming, but thoughtful estate planning can provide peace of mind and ensure your goals are carried out. Thoughtful estate planning often involves more than simply a...more

Rivkin Radler LLP

Estate Planning for Loved Ones Struggling with Mental Health and Substance Abuse Disorders

Rivkin Radler LLP on

May is mental health month, the perfect time to address this important topic. Mental health and substance abuse disorders affect many families. These issues need to be considered in estate planning. Mental health and...more

Law School Toolbox

Law School Toolbox Podcast Episode 503: Listen and Learn -- Present and Future Estates (Part 2)

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Welcome back to the Law School Toolbox podcast! Today, we're diving into the second part of our discussion on present estates and future interests. Previously, we reviewed the default property interest, the fee simple...more

Adler Pollock & Sheehan P.C.

Can Your Will Be Contested? A No-Contest Clause Can Cause Beneficiaries to Think Twice

Your will is meant to ensure that your final wishes are honored. However, it can sometimes be contested, potentially leading to lengthy legal battles and financial disputes among your heirs. Understanding when and why a will...more

Kohrman Jackson & Krantz LLP

No Direction: What Liam Payne’s Estate Teaches Us About Dying Without a Will

Liam Payne’s sudden and tragic death shocked the world—but what followed should concern anyone without an estate plan. Despite a $32 million fortune, the former One Direction star left no will, leaving behind a young son, an...more

DarrowEverett LLP

Deferred Pay at Risk: The Hidden Dangers of Rabbi Trusts

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News that Steward Health Care executives may lose millions in unqualified retirement savings due to the company's use of a "rabbi trust" has sent a jolt through the ranks of corporate leadership. Steward's deferred...more

Bilzin Sumberg

Preparation of the "Sunset" and Estate Planning in an Uncertain Economic Climate for High Net Worth Families

Bilzin Sumberg on

The recent volatility in the stock market, ongoing trade wars, and talks of further increases to the federal debt ceiling have intensified concerns in recent months around economic uncertainty and the risk of recession. ...more

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