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Trusts Trust Funds

Walkers

What became of forever? The rule against perpetuities' last stand in Jersey

Walkers on

Despite the Trusts (Jersey) Law 1984 ("Trusts Law") expressly providing against the rule against perpetuities currently applying in Jersey, the Royal Court has found the rule to form part of the underlying fabric of Jersey...more

Bowditch & Dewey

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

Bowditch & Dewey on

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

Ward and Smith, P.A.

Gimme Shelter: General Trust Planning for Future Generations

Ward and Smith, P.A. on

Some are quick to dismiss asset protection trust planning as too complex or unnecessary.  For those not in a "certain tax bracket," this type of planning may seem like an over-reach by an estate planning attorney.  There are...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Kratzer Revocable Trust & In re Wendell Kratzer Revocable Trust, Docket Nos 357860, 357861 (Mich Ct App Mar 23 2023) (unpublished).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

Warner Norcross + Judd

Two Methods to Curtail a Litigious Beneficiary in Probate Court

Warner Norcross + Judd on

In the Estate of Beverly Howe (Mich Ct App March 9, 2023) (unpublished), the Court of Appeals reviewed two tools employed at the probate court level to address a litigious beneficiary whose claims were causing the estate and...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

Warner Norcross + Judd on

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

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

Trust Funding: the Overlooked Estate Planning Tool

Bowditch & Dewey on

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

Farrell Fritz, P.C.

Business Succession And Trust Fund Taxes: Lessons For Owners And Their Beneficiaries?

Farrell Fritz, P.C. on

Teach Your Children Well- It may be the dream of every parent who owns a closely held business that one or more of their children will follow in their footsteps. They envision a time when a child will enter the business as...more

Schwabe, Williamson & Wyatt PC

CPA Shoptalk: 8 Takeaways

On January 10th, 11th and 18th our tax attorneys ?hosted a "CPA Shoptalk" seminar in ?Portland, Vancouver and Bend. Below are ?some key takeaways to consider... 1. Partnership Audit Rules Post-TEFRA - The Balanced...more

Blank Rome LLP

The Role Of The White Knight In Turning Around A Distressed Cemetery Or Funeral Home

Blank Rome LLP on

The laws of most states provide a comprehensive regulatory framework governing cemetery and funeral home operations, cemetery and funeral home trusts relating to preneed contracts and cemetery trusts relating to endowment...more

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