5.8.18 FTP Website Quotes for Instagram

Estate Executor’s Duties During the Probate Process in 10 Simple Steps – INFOGRAPHIC | via @FamilyTreePlan

10 Simple Steps For Your Estate Executor’s Duties During the Probate Process   Family Tree Estate Planning has created this helpful infographic and document explaining the 10 simple steps to help your Estate Executor’s duties throughout the Probate process.   Here’s a PDF version of the Estate Executor’s Duties:        

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What You Should Know Before Hiring a Tax Attorney or a CPA via @UpCounsel Blog

What You Should Know Before Hiring a Tax Attorney or a CPA   This article was originally published on UpCounsel.     I see or talk to my CPA about once a week. That may seem a little extreme, but it’s because he’s brilliant, he gives great advice, and because he’s also my dad. Many […]

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Tax Business Plan Template: Everything You Need to Know via @UpCounsel Blog

Tax Business Plan Template: Everything You Need to Know   This article was originally published on UpCounsel.   Its a strategy for all aspects of your business. It is a necessity for those looking to start a tax preparation or tax consulting business.3 min read A tax business plan template is a strategy for all […]

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Prudently Investing: What Trustees Need to Know

Acting in the best interests of the trust and the trust beneficiaries, a trustee has the duty to protect and preserve trust assets and, generally, to make the assets productive. In making investment decisions and managing trust assets, the trustee must further abide by the “prudent investor rule,” which requires a trustee to exercise reasonable […]

FTP Online Estate Planning: How To Make a Will For Your Digital Life

Online Estate Planning: How To Make a Will For Your Digital Life – via @AZCentral

Online Estate Planning: How To Make a Will For Your Digital Life   This article was originally published on AZCentral. Big-name websites and companies can track your activities to deliver targeted advertising and build up an astonishingly detailed profile. Question: Do you have suggestions for creating a digital will? Answer: Estate planning is one of […]

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What Assets Are Not Counted When Applying for SSI?

Supplemental Security Income (SSI) is a federal program that helps people with disabilities and very low incomes pay for food, clothing and shelter. SSI is often confused with Social Security Disability Insurance (SSDI). One of the main differences between the two programs is that SSDI is available to people with disabilities no matter how much […]

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[Webinar] Joint Account Litigation In Texas With An Emphasis On Fiduciary Relationships – May 22nd, 10:00am CT

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): hide JD Supra provides users with access to its legal industry publishing services (the “Service”) through its website (the “Website”) as well as through other sources. Our policies with regard […]

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More Dispatches From the Retirement Front

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): hide JD Supra provides users with access to its legal industry publishing services (the “Service”) through its website (the “Website”) as well as through other sources. Our policies with regard […]

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Client Alert: CFPB’s Successor in Interest Rules Take Effect April 19, 2018: What You Need to Know

On April 19, 2018, the CFPB’s Successor in Interest Rules take effect.  Here’s what you need to know: What do the Successor in Interest Rules require? The Rules are really modifications to the Mortgage Servicing Rules which are already in place and enable mortgage servicers to communicate with potential and confirmed successors in interest without […]

Court Affirmed Summary Judgment For A Trustee Due To An Exculpatory Clause

Court Affirmed Summary Judgment For A Trustee Due To An Exculpatory Clause

Source: Winstead This article was originally published on Winstead – https://www.winstead.com/ In Kohlhausen v. Baxendale, the court affirmed a summary judgment for a trustee on the basis of an exculpatory clause in a trust document. No. 01-15-00901-CV, 2018 Tex. App. LEXIS 1828 (Tex. App.—Houston [1st Dist.] March 13, 2018, no pet. history). A mother created […]

Choosing Retirement Account Beneficiaries Requires Some Thought

Choosing Retirement Account Beneficiaries Requires Some Thought

Source: Chambliss This article was originally published on Chambliss – https://www.chamblisslaw.com/   While the execution of wills requires formalities like witnesses and a notary, the reality is that most property passes to heirs through other, less formal means. Many bank and investments accounts, as well as real estate, have joint owners who take ownership automatically […]

Asset Protection Statute Cannot Limit Jurisdiction of Another State

Asset Protection Statute Cannot Limit Jurisdiction of Another State

The Supreme Court of Alaska issued a ruling on March 2, 2018, denying Alaska courts the exclusive jurisdiction purportedly granted by the Alaska asset protection statute.  This holding is consistent with a ruling by the Delaware Court of Chancery in 2014.  Based on these cases, it appears that one state’s asset protection statute cannot, by […]

Estate Planning Pitfall – You haven’t transferred ownership of a life insurance policy to a trust

Estate Planning Pitfall – You haven’t transferred ownership of a life insurance policy to a trust

Source: Adler Pollock & Sheehan P.C. This article was originally published on APSLAW – https://www.apslaw.com/   After recent tax legislation, including the Tax Cuts and Jobs Act (TCJA), few tax shelters are left standing. One key exception is life insurance. If certain requirements are met, the buildup of value in a life insurance policy is […]

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How Do You Like Them Apples? PACA and Your Property

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): hide JD Supra provides users with access to its legal industry publishing services (the “Service”) through its website (the “Website”) as well as through other sources. Our policies with regard […]

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Is spousal support available after death?

Perhaps encouraged by the recent decision in Marasse Estate, we have another recent case from the Alberta Court of Queen’s Bench addressing an estate’s ability to claim spousal support and its liability to pay spousal support.  Stalzer v Stalzer, 2018 ABQB 191 is reassurance to estate planning and family law practitioners that a person’s obligation […]

Are your assets protected from creditors_

Are your assets protected from creditors?

Source: Adler Pollock & Sheehan P.C. This article was originally published on Adler Pollock & Sheehan P.C. – https://www.apslaw.com/   One of the primary objectives of estate planning is protecting your assets from unreasonable creditors’ claims, frivolous lawsuits or financial predators ― the reason being that you want to pass as much of your wealth […]

Trusts That Protect Your Interest in the Family Business

Let ILITs Pick up the Tab – Trusts That Protect Your Interest in the Family Business

Source: JD Supra This article was originally published on JD Supra – https://www.jdsupra.com/   Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): hide JD Supra provides users with access to its legal industry publishing services (the “Service”) through […]

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Court Reversed Order Removing Trustee Where Trustee Did Not Receive Notice Of The Hearing

In In re Estate of Moore, the court of appeals addressed the proper procedure for removing an acting trustee and appointing a successor trustee. No. 08-14-00298-CV, 2018 Tex. App. LEXIS 1950 (Tex. App.—El Paso March 15, 2018, no pet. history). A beneficiary filed a motion to remove a trustee, but did not serve notice of […]

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Nonjudicial agreements between and among trust beneficiaries: The UTC/UPC overlap

Taken together, the Uniform Trust Code (UTC) and the Uniform Probate Code (UPC) have inflicted on equity a hodgepodge of poorly coordinated, sometimes overlapping, provisions that would regulate the validity and enforceability of nonjudicial agreements entered into by trust beneficiaries: • UTC §111 [nonjudicial settlement agreements generally] • UTC §411 [modification/ termination of non-charitable irrevocable […]

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Wisconsin’s Court of Appeals Holds That a Nonlawyer Personal Representative May Not Initiate an Appeal

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): hide JD Supra provides users with access to its legal industry publishing services (the “Service”) through its website (the “Website”) as well as through other sources. Our policies with regard […]

Americans Haven’t Saved Enough for Retirement. What Are We Going to Do About It_

Americans Haven’t Saved Enough for Retirement. What Are We Going to Do About It? via @HarvardBiz #HBR

Source: HBR.org This article was originally published on HBR.org Each year, BlackRock, the world’s largest asset manager, sends a much-anticipated letter to leading CEOs. This year, chief executive Larry Fink’s focus was on why it is imperative for business to contribute to society. One of the first big issues he highlighted was retirement: “Many [individuals […]

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Rolling the Dice on Costs of Estate Litigation

Alberta Courts have been busy on the topic of costs in estate litigation in the past few months. Four recent decisions issued out of three judicial centres in Alberta provide a good reminder of just how unpredictable litigation is and the Court’s wide discretion in compensating parties for their litigation expenses. General principles If there […]

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The Supreme Court – March 27, 2018

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): hide JD Supra provides users with access to its legal industry publishing services (the “Service”) through its website (the “Website”) as well as through other sources. Our policies with regard […]

Succession Plans That Succeed

Succession Plans That Succeed

Source: Fox Rothschild This article was originally published on Fox Rothschild – https://www.foxrothschild.com/   Succession plans ask what will happen when the principal owner/operator is not available. A succession plan may be coordinated with an estate plan, which contemplates dispositive transfers through sale, and other means. The disposition can also occur by wills and trusts, […]

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2018 Cost of Living Adjustment of Certain Dollar Amounts Under Colorado Probate Code

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): hide JD Supra provides users with access to its legal industry publishing services (the “Service”) through its website (the “Website”) as well as through other sources. Our policies with regard […]

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What Canada’s new income-splitting rules mean for partnerships

This is the third instalment in a series of articles examining the draft legislation and explanatory notes on Canada’s new income-splitting rules, issued by the Department of Finance on December 13, 2017 and which are to be effective as of January 1, 2018. This instalment will explore what the new rules will mean for partnerships in […]

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The Tax Laws Changed. Should Your Business and Estate Plans Change Too?

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): hide JD Supra provides users with access to its legal industry publishing services (the “Service”) through its website (the “Website”) as well as through other sources. Our policies with regard […]

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Texas Supreme Court Holds That Testator Devised Property As A Life Estate

In Knopf v. Gray, the will disposed of the testator’s entire estate, specifically including a tract of land. No. 17-0262, 2018 Tex. LEXIS 249 (Tex. March 23, 2018). The provision through which the testator devised the land stated: “NOW BOBBY I leave the rest to you, everything, certificates of deposit, land, cattle and machinery, Understand […]

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Standby Guardianship Can Be An Important Part Of Estate Planning

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): hide JD Supra provides users with access to its legal industry publishing services (the “Service”) through its website (the “Website”) as well as through other sources. Our policies with regard […]

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It’s All About Trust

Trusts are popular estate planning tools people use for a variety of reasons including providing for the long-term management of assets for minor beneficiaries, people with disabilities, or financially irresponsible adults. There are different methods of incorporating trusts into your estate plan, each with varying benefits and potential drawbacks. Testamentary Trusts A testamentary trust is […]

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Choosing Guardianship for Seniors – Five Factors for Consideration

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): hide JD Supra provides users with access to its legal industry publishing services (the “Service”) through its website (the “Website”) as well as through other sources. Our policies with regard […]

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Will U.S. Supreme Court Decision In Life Insurance Case Affect California's Limited Liability Company Law?

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): hide JD Supra provides users with access to its legal industry publishing services (the “Service”) through its website (the “Website”) as well as through other sources. Our policies with regard […]

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Trust Beneficiary Permitted to Contest Trust Despite No-Contest Clause

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): hide JD Supra provides users with access to its legal industry publishing services (the “Service”) through its website (the “Website”) as well as through other sources. Our policies with regard […]

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Virginia Amends Provisions Relating to Foreclosure, Notices of Sale for Deceased Owners, and Disposition of Sale Surplus

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): hide JD Supra provides users with access to its legal industry publishing services (the “Service”) through its website (the “Website”) as well as through other sources. Our policies with regard […]

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Abuse Under a Power of Attorney (A Case Study)

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): hide JD Supra provides users with access to its legal industry publishing services (the “Service”) through its website (the “Website”) as well as through other sources. Our policies with regard […]

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Unlicensed Lawyers and Undue Influence – Setting Aside Deed Rejected

In a recent unpublished opinion, 2018 WL 679484,  the South Carolina Court of Appeals addressed the circumstances under which a deed prepared by an unlicensed attorney would be voided in a challenge that also involved claims of undue influence in the execution of the deed.  Briefly, the decedent (“Mother”) executed a deed to her home […]

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Families, Fiduciaries and Firearms: Estate Administration and Distribution of Firearms in the State of Washington

The ownership of firearms has been a topic of much debate and scrutiny in recent months. As a part of this national conversation, it is important for gun owners (and their fiduciaries) to generally understand the applicable legal regulations pertaining to the transfer of a firearm triggered by the death of the owner, and how […]

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Benefits of Trusts Over 529 Plans and UTMA (Custodial) Accounts for Children and Grandchildren

When parents and grandparents (or other generous benefactors) want to transfer wealth to a minor child, the primary decision they will face is whether to set up a Section 529 Plan, a custodial account under the Uniform Transfers to Minors Act (an UTMA account) or a trust for such child. Given certain limitations of 529 […]

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Tax Cuts and Jobs Act: Implications for Public Company Executive Compensation Programs

The Tax Cuts and Jobs Act (the “Tax Act”) has significant implications for public company executive compensation plans for tax years beginning after December 31, 2017 and will likely have a considerable impact on the future design and administration of public company executive compensation programs. Before the Tax Act, Section 162(m) of the Internal Revenue […]

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Guardianships and Conservatorships Can Help Protect Loved Ones

The decline of a family member’s health can be one of the most difficult emotional challenges that a family will face. If that ailing family member hasn’t adequately planned for such an event, the burden rests on the family to step in and care for them. Without proper legal authority, this can be difficult.    Fortunately, the court provides a process for obtaining the necessary authority to care […]

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Court Held That Estate Beneficiary Did Not Have Standing To Assert Forfeiture Or Breach Claim Against Executrix’s Attorneys, That An Executrix Had No Authority To Pay Her Attorney’s Fees From The Estate In The Interim In Defending A Removal Action, And That The Trial Court Erred In Refusing A Motion To Compel Distribution Of The Estate

In re Nunu, an estate beneficiary sued the executrix to have her removed due to alleged breaches of fiduciary duty and also sought to have the court refuse to pay her attorneys in representing her in a removal action and/or sought to have those fees forfeited. No. 14-16-00394-CV, 2017 Tex. App. LEXIS 10306 (Tex. App.—Houston […]

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Estate Planning after The Tax Cuts and Jobs Acts of 2017

The Tax Cuts and Jobs Act of 2017 (the “Act”) doubled the amount of property that an individual can transfer without incurring federal estate, gift or generation-skipping transfer tax (“Exemption Amount”) from $5,490,000 in 2017 to $11,180,000 (indexed for inflation) in 2018. The Exemption Amount is “portable” for estate and gift tax purposes (but not […]

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Evaluating The Fitness Of Your Estate Plan For 2018 In Light Of The Tax Cuts And Jobs Act

The recent passage of the federal Tax Cuts and Jobs Act (TCJA) significantly altered federal estate tax laws effective January 1, 2018. The TCJA increased exemption amounts for federal estate, gift, and generation-skipping transfer taxes, any one of which may impact your current estate plan. In many instances, these changes mean your estate planning documents […]

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Will the “Real” Representative Please Stand – Litigation in Estate Proceedings

Last month, the Supreme Court of South Carolina, in Fisher v. Huckabee, 2018 WL 1076808 (Feb. 28, 2018), addressed the question of who may bring a suit on behalf of a deceased individual if the personal representative has a conflict.  Briefly, the decedent asked the defendants to care for her in her last years.  In […]

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2018 Estate Tax Changes

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): hide JD Supra provides users with access to its legal industry publishing services (the “Service”) through its website (the “Website”) as well as through other sources. Our policies with regard […]

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Decoding the Tax Cuts and Jobs Act of 2017 for Estate and Wealth Planning

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): hide JD Supra provides users with access to its legal industry publishing services (the “Service”) through its website (the “Website”) as well as through other sources. Our policies with regard […]

Important Information about the 2017 Tax Cuts _ Jobs Act_ Estate _ Gift Tax Provisions

Important Information about the 2017 Tax Cuts & Jobs Act: Regulatory Outlook

Source: Tucker Arensberg This article was originally published on Tucker Arensberg – https://www.tuckerlaw.com/   Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): JD Supra provides users with access to its legal industry publishing services (the “Service”) through its […]

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Changes in Planning for Closely Held Businesses Under the New Tax Law

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): hide JD Supra provides users with access to its legal industry publishing services (the “Service”) through its website (the “Website”) as well as through other sources. Our policies with regard […]

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Georgia Superior Court Could Not Sanction Probate Court Conduct

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): hide JD Supra provides users with access to its legal industry publishing services (the “Service”) through its website (the “Website”) as well as through other sources. Our policies with regard […]

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Important Information about the 2017 Tax Cuts & Jobs Act: Estate & Gift Tax Provisions

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: Privacy Policy (Updated: October 8, 2015): hide JD Supra provides users with access to its legal industry publishing services (the “Service”) through its website (the “Website”) as well as through other sources. Our policies with regard […]

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Court Interpreted the Phrase “In Equal Shares Per Stirpes” in a Trust Document

In Archer v. Moody, the litigants in the declaratory judgment action were remainder beneficiaries of a trust created in 1934 and owned a 15,000-acre ranch near Junction, Texas. No. 14-15-00945-CV, 2017 Tex. App. LEXIS 11642 (Tex. App.—Houston [14th Dist.] December 14, 2018, no pet. history). The legal dispute focused on how to calculate the fractional […]

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Upon Death, Are Business Assets Subject to Probate? via @AZCentral

This article originally appeared on AZCentral.com – Please access the original article by clicking HERE. Question from Anne in Prescott: My father recently passed away. His only asset of any value was his small manufacturing business Corporation. Is his business subject to probate? Answer: Anne, to answer your question I need to briefly answer a […]

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How To Avoid the Cost and Headaches of Probate Court – via @AZCentral

This article originally appeared on AZCentral.com – Please access the original article by clicking HERE. Staying out of probate court can save you thousands of dollars, time and frustration. In Maricopa County, there are about 22,000 probate cases a year, and the caseload has steadily increased in recent years. The term “probate” refers to the […]