In Estate of Frye, parties filed an application to set aside an order probating a will due to an allegation of undue influence. No. 07-16-00398-CV, 2017 Tex. App. LEXIS 6992 (Tex. App.—Amarillo July 26, 2017, no pet. history)….By: Winstead PC Source: JD Supra Court Affirms Summary Judgment In Will Contest Where There Was No […]

I’m a sibling lawyer. My career started early, as a middle child, and now continues as a Sacramento-based trust and estate litigation attorney. Most of my clients are grappling with sisters or brothers over the care and finances of aging or deceased…By: Downey Brand LLP Source: JD Supra Look! Up in the Sky! It’s […]

September Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts – The September § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 2.4%, the same…By: Proskauer Rose LLP Source: JD Supra Wealth Management Update – September 2017

One of the questions I am often asked by clients is, “Should I transfer my automobiles to my revocable living trust?” I generally advise clients not to transfer their automobiles to their revocable living trust. The primary reason for this advice…By: Dickinson Wright Source: JD Supra Should Automobiles Be Transferred To A Trust?

Undue influence occurs when a person’s free will is overpowered and replaced by the will of another. In Missouri, a finding of undue influence generally requires the person who exerted influence to have been in a position of trust, and to have caused…By: Bryan Cave Source: JD Supra Court Reverses Finding of Undue Influence

A removed trustee retains myriad residual fiduciary duties and liabilities. The most obvious is the duty not to betray the confidences of the entrustment going forward. Less self-evident is the removed trustee’s residual duty to see to it that the…By: Charles E. Rounds, Jr. Source: JD Supra Does a removed trustee have a duty […]

Back in June of this year, the Virginia Supreme Court handed down a ruling in an estate dispute case that, while it didn’t particularly break new legal ground, provides a helpful overview of the current state of Virginia law regarding Virginia’s…By: LeClairRyan Source: JD Supra Virginia Supreme Court Issues New Estate Dispute Opinion

In Passero v. Fitzsimmons et al., No. 16-P-1314, 2017 WL 3567496, (August 17, 2017), the Appeals Court affirmed the lower court’s finding that the defendant trustees committed a breach of trust, as well as the lower court’s order that the trustees be…By: Goulston & Storrs PC Source: JD Supra T&E Litigation Newsletter – August […]

The bulk of inheritances left to loved ones are usually not held in bank accounts, cars, and other tangible assets. Rather, they are tied up in retirement accounts (such as an IRA, SEP, 401(k) or 403(b)), life insurance policies, annuities, or…By: Pessin Katz Law, P.A. Source: JD Supra The Importance of Keeping Beneficiary Designations […]

In Fact Sheet 2017-10 issued by the Internal Revenue Service (“IRS”) on July 25, 2017, “Information on Identity Theft for Business, Partnerships and Estate and Trusts”, the IRS points out that business, partnerships and estate and trust filers are…By: Pessin Katz Law, P.A. Source: JD Supra Business, Partnership and Estate and Trust Tax Returns […]

When Seattle passed its new income tax on July 10, many Washingtonians took note, but quickly moved on. The tax appeared to apply only to Seattle residents earning more than $250,000 for individuals or $500,000 for married couples, so many simply…By: Stoel Rives LLP Source: JD Supra Seattle’s New Income Tax May Affect Many […]

In Saks v. Rogers, a beneficiary of a trust challenged a trial court’s enforcement of an arbitration decision. No. 04-16-00286-CV, 2017 Tex. App. LEXIS 6923 (Tex. App.—San Antonio July 26, 2017, no pet. history)….By: Winstead PC Source: JD Supra Court Affirms Arbitration Decision Arising From Trust Dispute

The Delaware Supreme Court has just reached a decision that highlights the importance of taking the time to review your estate planning documents each and every year to ensure that the documents still fit, and not inadvertently allowing your…By: Fox Rothschild LLP Source: JD Supra How A POA Can Change Your Will

An often-overlooked step in the estate planning process is determining how you want the world to celebrate your life and determining your final resting place. If not addressed, conflict may occur because different loved ones have different opinions….By: Obermayer Rebmann Maxwell & Hippel LLP Source: JD Supra Who Determines How to Celebrate Your Life […]

While we may know better, an 18 year old college student is generally considered an adult under New York law. Your rights as a parent to make decisions for your child change suddenly when he/she turns age 18. You no longer have complete access to…By: Farrell Fritz, P.C. Source: JD Supra “Your “Baby” is […]

Bass, Berry & Sims attorney Chris Lazarini discussed a case involving a Plaintiff’s suit against a broker-dealer involving his deceased mother’s IRA account. Although Plaintiff was a non-signatory to the IRA account agreement, the court enforced the…By: Bass, Berry & Sims PLC Source: JD Supra Chris Lazarini Discusses Arbitration Clause’s Application to Non-Signatory

On August 21, 2017, the Tax Court issued its opinion in two companion cases Benyamin Avrahami and Orna Avrahami v. Commissioner, and Feedback Insurance Company, Ltd. v. Commissioner, 149 T.C. No. 7, holding against the taxpayers in the first section…By: Eversheds Sutherland (US) LLP Source: JD Supra Tax Court Decides First Micro Captive Case

In In re Cokinos, Boisien & Young, a representative of an estate of a deceased attorney sought documents from a law firm related to an alleged agreement to share fees. No. 05-16-01331-CV, 2017 Tex. App. LEXIS 6911 (Tex. App.—Dallas July 25, 2017,…By: Winstead PC Source: JD Supra Court Held That Estate Representative Was Entitled […]

One of the most dramatic areas of California trust and estate litigation is no contest clauses. No contest clauses bring a made-for-tv excitement to the practice of trust and estate law because of the risk of disinheritance. Yet such clauses are…By: Downey Brand LLP Source: JD Supra Take It or Leave It: The Perilous Decision of […]

One of the most important considerations in creating a trust is selecting the appropriate trustee. Oftentimes this involves determining whether a corporate trustee is appropriate as either the sole trustee or together with one or more individual…By: Farrell Fritz, P.C. Source: JD Supra Removed Corporate Trustee’s Refusal to Turnover Trust Assets to Individual Trustee […]

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 care. Despite these…By: Blank Rome LLP Source: JD Supra The Role Of The White Knight In Turning Around A Distressed Cemetery Or Funeral […]

A recent Pennsylvania Supreme Court case clarified the ability of the beneficiaries of a trust to remove a corporate trustee. In a highly anticipated case, the Court unanimously refused to permit the beneficiaries of an irrevocable trust to remove a…By: Barley Snyder Source: JD Supra Pa. Supreme Court Upholds Trustee Replacement Rules

Have you ever wondered who will take care of your pet after your death? Maryland has a pet trust law allowing owners to set aside funds for their pet’s care and to provide for a care taking system for their pet……By: Pessin Katz Law, P.A. Source: JD Supra Who Will Take Care of Your […]

If you want someone to get your money or property when you die, why don’t you just say so? The case reporters are thick with stories of testators who left money or property to one person with the supposed ‘understanding’ or ‘instruction’ that the…By: Bryan Cave Source: JD Supra If It’s Not In The […]

No-contest clauses are generally included in trusts and wills in California in an attempt to prevent challenges to an estate plan after death. Originally published in the Press-Enterprise – July 30th, 2017….By: Best Best & Krieger LLP Source: JD Supra Best in Law: The Pros and Cons of the No-Contest Clause – Trusts and […]

While usually synonymous with one’s birthday or the holidays, lifetime gifts can also serve an important role in one’s estate planning. In its simplest form, gifting provides for a transfer of wealth and assets from one individual to another. In this…By: Clark Hill PLC Source: JD Supra For Me? You Shouldn’t Have! – Legal […]

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