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:
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 […]
What to Do If Your Business Is Selected for a Tax Audit via @UpCounsel Blog
What to Do If Your Business Is Selected for a Tax Audit This article was originally published on UpCounsel. By UpCounsel Business Attorney Leah Jacobs Don’t Panic This is my first bit of advice to anyone who has a business selected for a tax audit. Whether you are a small business CEO or a […]
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 […]
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 […]
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 […]
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 […]
“The Best Laid Plans…” How We Adapt for Loved Ones with Special Needs
My doctor assured me that Wednesday in August that all was well and we would be delivering my still-growing boy on schedule in October, and she sent me home to catch up on some well-deserved rest. I saw her again that Friday as I was being prepped for delivery. For no apparent reason, my October […]
Heart v. Head: A Judge’s Conundrum
Judicial oaths require that judges rule on the law, putting their personal feelings aside. Indeed, judges’ personal opinions are presumed to be non-factors in judicial decision making as judges are charged to uphold the letter of the law regardless of their personal beliefs. The decision in Matter of the Estate of Durcan is a case […]
[Webinar] Joint Account Litigation In Texas With An Emphasis On Fiduciary Relationships – May 22nd, 10:00am CT
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Wealth Management Update – May 2018
May Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts The May § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 3.2%, no change from the April rate of 3.2%. The May applicable federal rate (AFR) for use with a […]
More Dispatches From the Retirement Front
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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
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
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
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 […]
Court Holds That Laches Did Not Bar A Will Contest
In In re Estate of Perez-Muzza, two days before the statute of limitations period ended, a contestant filed a will contest seeking to have a court set aside an order admitting a will to probate. No. 04-16-00755-CV, 2018 Tex. App. LEXIS 1859 (Tex. App.—San Antonio March 14, 2018, no pet. history). Will contests must be […]
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 […]
How Do You Like Them Apples? PACA and Your Property
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Preparing a parent for a nursing home
Is your elderly parent or other relative who lives alone experiencing difficulty with daily living activities? Although moving a loved one to a nursing home might be the best option for all concerned, the move may be challenged by the senior citizen, much to the adult children’s chagrin. In some cases, a squabble can evolve […]
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?
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 […]
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 […]
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 […]
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 […]
Wisconsin’s Court of Appeals Holds That a Nonlawyer Personal Representative May Not Initiate an Appeal
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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 […]
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 […]
The Supreme Court – March 27, 2018
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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, […]
Estate Planning for Millennials and the “Middle Class”
With all the changes in the new tax laws, some people may be hesitant to move forward with an estate plan. It is important, however, to keep in mind that most clients will not be subject to the federal estate tax and therefore the changes to the federal estate tax laws do not impact planning. […]
2018 Cost of Living Adjustment of Certain Dollar Amounts Under Colorado Probate Code
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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 […]
Mo’ Money, Mo’ Administration
March 9th marked the 21st anniversary of the death of Christopher Wallace, or probably better known to you as legendary rap artist Notorious BIG or Biggie. Wallace died at the age of 24 after being shot in Los Angeles. The controversy surrounding his death continues to garner media attention to this day and is perhaps […]
The Tax Laws Changed. Should Your Business and Estate Plans Change Too?
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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 […]
Standby Guardianship Can Be An Important Part Of Estate Planning
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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 […]
Choosing Guardianship for Seniors – Five Factors for Consideration
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Highest Court Affirms Insurance Company’s Interpleader
On March 13, 2018, the West Virginia Supreme Court of Appeals held that an insurance company can pay the proceeds of a life insurance policy into the court when there is a dispute as to who is the rightful beneficiary. At issue in Nationwide v. Eva Dawn Compton, et al., was the interpleader rule which […]
Should an Estate or Trust Operate a Decedent’s Family-Owned Business?
When a business owner dies, his or her ownership interests often become part of a probate estate or are transferred to one or more trusts in order to continue the operations of the business. But sometimes the decedent’s business is distressed at the time of death and of questionable value to the estate or to […]
Will U.S. Supreme Court Decision In Life Insurance Case Affect California's Limited Liability Company Law?
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Trust Beneficiary Permitted to Contest Trust Despite No-Contest Clause
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Virginia Amends Provisions Relating to Foreclosure, Notices of Sale for Deceased Owners, and Disposition of Sale Surplus
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Abuse Under a Power of Attorney (A Case Study)
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Harper Lee’s Will Unsealed
As The New York Times recently reported, the will of Harper Lee, author of To Kill a Mockingbird, was recently unsealed in connection with a lawsuit seeking access to the document. Ms. Lee died a resident of Monroeville, Alabama, and, as in Colorado, wills in Alabama are typically considered to be public documents. However, the […]
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 […]
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 […]
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 […]
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 […]
Wealth Management Update – March 2018
March Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts The March § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 3.0%, up 0.2% from February. The March applicable federal rate (“AFR”) for use with a sale to a defective […]
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 […]
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 […]
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 […]
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 […]
Executor Can Swing Away at an Omitted Spouse Petition
Born in Fresno, Kirk Kerkorian was an Armenian-American who went on to become a wealthy businessman and philanthropist, known for his role in shaping development in Las Vegas. After Kerkorian died in June 2015 at the age of 98, his last wife Una Davis filed a claim for a third of his large estate as […]
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 […]
2018 Estate Tax Changes
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Trusts And The Corporate Lawyer
Corporate attorneys usually think of trusts as estate planning tools: they are the vehicles through which the owner of a business may pass along to their family a beneficial interest in the business without actually giving them direct ownership in the business. The owner will transfer an equity (often non-voting) interest in the business by […]
Decoding the Tax Cuts and Jobs Act of 2017 for Estate and Wealth Planning
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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 […]
Parsing “to my issue in equal shares per stirpes” in trust instruments
The phrase “to my issue per stirpes” in a trust instrument, at least in the typical fact pattern, will call for the creation of a constellation of shares not all of which are of equal value. Thus, the phrase “to my issue in equal shares per stirpes” is unfortunate. How the courts, the legislatures, and […]
Changes in Planning for Closely Held Businesses Under the New Tax Law
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Georgia Superior Court Could Not Sanction Probate Court Conduct
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Important Information about the 2017 Tax Cuts & Jobs Act: Estate & Gift Tax Provisions
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Is the Statute of Limitations Really Running?
The concept of a statute of limitations is easy to understand: a lawsuit has to be commenced within so many years after the complained of act occurred or pursuit of the lawsuit may be forever barred. Where it gets tricky are the exceptions to this rule. For example, if the wrongdoer concealed the wrongful act or the […]
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 […]
Driverless Cars in Our Future – via @HoganInjury
This article originally appeared on HoganInjury.com – Find it HERE. June 1st, 2017 by Patrick Hogan There are more and more driverless cars on the road. There are an increasing number of companies running experimental driverless car programs. Apple, Google, Uber, and Tesla are a few of the better-known companies running these experiments. Many of […]
Asked: When is a good time to create a living trust? via @AZCentral
This article originally appeared on AZCentral.com – Please access the original article by clicking HERE. At what point in your life should a trust be established? Is it based on what you have such as money, stocks or tangible assets? Is wealth an issue? Answer: Arizona Republic personal finance writer, Russ Wiles, explains the ins […]
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 […]
Introduction to Probate – via @AZCentral
This article originally appeared on AZCentral.com – Please access the original article by clicking HERE. Motley Fool: Introduction to Probate When we die, our assets often go into probate. It’s important to understand the probate process to help in your estate planning. Probate is the legal process of administering an estate once someone dies, and […]
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 […]
What is probate court, and how can you avoid it? via @AZCentral
This article originally appeared on AZCentral.com – Please access the original article by clicking HERE. What is probate court, and how can you avoid it? Many people want to avoid probate court if they can because they don’t want to deal with the frustrations and cost of it. What can you do to avoid it?
All in the family: Transferring your vacation home
Vacation homes are typically treasured by families and often pass down from generation to generation. But there may be more to transferring the family lake…
Mandatory register of ultimate beneficial owners in the Czech Republic as of 1 January 2018
Effective as of 1 January 2018, Czech law requires that “ultimate beneficial owners” of companies and trust funds be recorded in a central register, in…
Estate planning for your business: Use an ESOP to properly address your closely held company
If a substantial portion of one’s net worth is tied up in his or her closely held business, it’s critical to have an exit strategy.…
The Impact of Tax Reform on Estate Planning
Tax Act of 2017: Transfer Tax Provisions – The Tax Cuts and Jobs Act of 2017 (the “Tax Act of 2017”) was signed by the…
Should You Revise Your Power Of Attorney?
Powers of attorney serve an essential role in estate planning, giving North Carolinians control over who will manage their affairs during periods of lifetime incapacity.…
2018 Brings Changes To North Carolina’s Power Of Attorney Act
At the end of last year, North Carolina Session Law 2017-153 (Senate Bill 569) was signed into law. The law adopted the NC Uniform Power…
Hobby Lobby Case Highlights Limitations on Charitable Deductions Claimed by Irrevocable Trusts
Green vs. U.S., No. 16-6371 (10th Cir., Jan. 12, 2018) – Practitioners and donors often forget a pesky donation limitation that applies only to irrevocable…
Wrongful Death Claims in North Carolina
Introduction – When someone is injured by the negligence of another, the injured party often has a legal claim against the at-fault party under North…
Tax Reform: The Impact On Real Estate
The new tax law commonly referred to as the “Tax Cuts and Jobs Act” (the “Act”) – signed into law on December 22, 2017 –…
Sudden impact: When a spouse unexpectedly dies
It’s almost impossible to fully prepare for a spouse’s sudden death, but it helps to keep one’s finances organized and communicate with a spouse about…
Insight on Estate Planning – February/March 2018
In This Issue: – Sudden impact: When a spouse unexpectedly dies – New tax law affects estate planning strategies – All in the family: Transferring…
Major New Tax Law Changes That Affect Individuals
The 2017 tax reform legislation colloquially referred to as the Tax Cuts and Jobs Act (the Act) made some significant changes in the taxation of…
When Military Wills Do Not Contemplate Future-Born Children
Estate planning probably isn’t high on the priority list for many 20-year-olds, even if they are 20-year-olds serving in uniform. While the Armed Forces may…
Court Reverses Trial Court’s Order Denying An Application To Probate A Will As A Muniment of Title
In Ramirez v. Galvan, a probate court denied the application for probate of a will as a muniment of title where the application was filed…
Court Held That Trustee Had Authority To Sell Real Property And That The Beneficiaries Did Not Have A Right of First Refusal
In the Estate of Rodriguez, a trust beneficiary sued the trustee to enjoin the sale of real property owned by a testamentary trust. No. 04-17-00005-CV,…
Favorable Changes to Estate, Gift and GST Tax Laws Under the Tax Cuts and Jobs Act
The Tax Cuts and Jobs Act (the “Act”), signed into law on December 22, 2017, significantly increased the exemption amounts for the federal estate, gift,…
Estate Tax Changes Past, Present, and Future (Updated)
I. INTRODUCTION – This outline is a selective and evolving review of the history of the modern federal estate tax. It originated during the attempts…
US Tax Reform—Changes Impacting High Net Worth Individuals
On December 22, 2017, the Tax Cuts and Jobs Act (the “Act”) was signed into law, accomplishing the most far-reaching US tax reform in decades.…
Gold Dome Report – February 2018
Although all signs this morning pointed to a quiet day under the Gold Dome, the halls quickly became abuzz with news of a compromise on…
Why, and how, to plan for a very long life
When creating a long-term investment strategy, you need to think about your goals, circumstances, risk tolerance and liquidity needs. But you should also place considerable…
A Parsing of the Newly-Minted Uniform Directed Trust Act
Charles E. Rounds, Jr., “The Uniform Directed Trust Act,” Trusts & Estates, Context, content and critique,” (December 2017), at p. 24 [Vol. 156 No. 12)]…
New Jersey: Estate Planning Without An Estate Tax
With the ringing in of the New Year, residents of New Jersey woke up not only to a new federal tax law, but also to…
[Webinar] Fiduciary Income Tax Refresher and Update 2018 – February 14th, 12:00pm CT
In this webinar the presenters will discuss tax-savings tools that can be used between now and March 6 when preparing 2017 returns. The presenters will…
Estate Tax Changes Past, Present and Future (Updated)
I. INTRODUCTION – This outline is a selective and evolving review of the history of the modern federal estate tax. It originated during the attempts…
Florida’s Fiduciary Lawyer-Client Privilege Adopted by the Florida Supreme Court
Last week, the Florida Supreme Court adopted section 90.5021, Fla. Stat. – Florida’s fiduciary lawyer-client privilege – to the extent it is procedural and held…
ASCENDING MOUNT SCARPACI: A Lesson In Intestacy, Taking Against A Will & Getting Divorce Grounds Established
A Superior Court decision last month by Judges Lazarus, Bowes and Ott reminds divorce practitioners that there are distinctions to be drawn between the rights…
This Time Is Different: You Really Do Need to Update Your Will and Durable Power of Attorney
With the advent of higher exemptions with respect to the Federal Gift, Estate, and Generation-Skipping Transfer Tax passed last December (referred to as the 2017…
Court Holds That Trust Did Not Violate The Rule Against Perpetuities and That A Beneficiary’s Assignment Of Interests Violated A Spendthrift Provision
In Bradley v. Shaffer, family members placed mineral interests they inherited into the trust. No. 11-15-00247-CV, 2017 Tex. App. LEXIS 11154 (Tex. App.—Eastland November 30,…
[Webinar] Remedies For A Breach of Fiduciary Duty Claim in Texas – February 27th, 10:00am CT
This presentation will discuss the potential remedies that plaintiffs can obtain for breach of fiduciary duty claims with an emphasis on trust disputes, and will…
How Does the Suspension of Miscellaneous Itemized Deductions Impact Your Trust or Estate?
The Tax Cuts and Jobs Act suspends miscellaneous itemized deductions (i.e., those deductions subject to a 2% floor) from 2018 through 2025, creating an incentive…
Impact of New US Tax Law on High Net Worth Individuals, Trusts and Family Offices
The newly enacted U.S. tax law makes significant changes to provisions of the Internal Revenue Code affecting high net worth individuals, their investment entities and…
Changes to Federal Estate Tax May Impact Your Estate Planning
As you have likely read, the new year brought significant changes to U.S. tax laws. But did you know that the changes to the federal…
Estate Planning under the New Tax Law
This client alert is part of a special series on the Tax Cuts and Jobs Act and related changes to the tax code, where Blank…
The Tax Cuts and Jobs Act: An Overview and Four 2018 Planning Suggestions
For the first time in more than 30 years, the countdown to the New Year was also the countdown to major revisions to the tax…
Court Held That Power-Of-Attorney Holder Was Not Authorized To Name Himself As A Beneficiary Of The Principal’s Insurance Policy, But Could Name His Sister
In Transamerica Life Ins. Co. v. Quarm, Thomas Quarm obtained a life insurance policy and designated his mother as his beneficiary and his brother, Nicholas,…
Court Reverses Jury Verdict And Holds That Trustor Could Not Revoke Trust
In Coyle v. Jones, two sisters fought over the whether $197,000 belonged to their mother’s estate or to a trust. No. 05-16-00876-CV, 2017 Tex. App.…
Federal Estate & Gift Tax Reform – What We Know Now
We now know that each individual has a $10 million estate tax exclusion (adjusted for inflation) under the new federal estate tax legislation (the Tax…
Nate Smithson Provides an Update on Tax Reform
Jackson Walker partner Nate Smithson has prepared an updated guide to tax reform which reflects the senate’s newly-proposed tax bill. The guide covers tax brackets,…
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…
2018 Key Trust & Estate Planning and Corporate Ownership Implications of the New Tax Law
With the passage of Public Law no. 115-97, commonly referred to as the Tax Cuts and Jobs Act of 2017 (the 2017 Tax Act), attorneys…
Three Key Aspects of the New Tax Law
The new tax law is lengthy and full of complex provisions. This article highlights three key aspects of the tax reform and how they may…
The Impact of the Tax Cuts and Jobs Act
The Tax Cut and Jobs Act (the “Act”) was signed into law on December 20, 2017, with an effective date of January 1, 2018. Among…
Limitations Period Doesn't Apply to Tribal Claim for Mismanagement of Trust Funds – Court of Federal Claims Ruling May Expand Damages That Can Be Recovered by Tribes
• A decision by the Court of Federal Claims has important implications for breach of trust claims involving tribal trust funds. • Most claims for…
Using Prenuptial Agreements to Protect the Family Farm
The family farm is a special asset. The family may have worked hard through decades, maybe even generations, to accumulate and develop the farm’s land,…
The Times They Are A–Changin’: Estate and Gift Tax Exemption Amount Doubles
In this world, things change, and clients need to adapt to those changes. A major change in gift and estate tax law has occurred and…
Court Held That Retirement Benefits Belonged To The Worker’s Sister, Who Was Designated Beneficiary, And Not The Wife
In Estate of Gibson, a man named his sister as the beneficiary of his retirement plan in 1989. No. 06-17-00059-CV, 2017 Tex. App. LEXIS 9963…
Staying the Course: Courts Will Not Hear Stayed Actions
In Ayoungman v Ayoungman, 2017 ABCA 333, the Court of Appeal of Alberta considered a dismissed application of the appellant, who claimed that the chambers…
PA Requires Oil and Gas Lessees to Withhold State Income Taxes from Nonresident Lessors
Under Act 43 of 2017 beginning January 1, 2018, anyone that pays Pennsylvania-source non-employee compensation or business income to a non-resident individual or disregarded entity…
The 2017 Tax Act Doesn't "Simplify" Planning for Estates and Gifts Things to Consider or Reconsider As You Look at Your Estate
On December 22, 2017, the President signed a major change to federal tax law that contains many provisions affecting individuals, estates, and trusts. While the…
Estate and Gift Planning Under the New Tax Law
The Tax Cuts and Jobs Act of 2018 went into effect on January 1, 2018. The new law makes some changes to key estate planning-related…
The Federal Estate Tax Lives On, But “Where, O death, Is Your Sting?” (*)
When the Tax Cuts and Jobs Act was introduced on November 2, 2017, perhaps the single most important issue on the minds of many closely…
Ron Aucutt’s “Top Ten” Estate Planning and Estate Tax Developments of 2017
In an annual tradition, Ronald Aucutt, a McGuireWoods partner and chair emeritus of the firm’s private wealth services group, with help from his McGuireWoods colleagues,…
Private Wealth Newsletter – Significant Changes to Estate, Gift, and Generation-Skipping Transfer Taxes
The recently-enacted Tax Cuts and Jobs Act significantly changes the tax landscape, beginning on January 1, 2018. Many of these changes will sunset on January…
4 Estate Litigation Predictions For 2018
The new year is a good time to look ahead at what trends we may expect to see in the area of estate litigation in…
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