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Asset Management Trusts Estate Planning

Offit Kurman

When a Corporate Trustee May Be a Disadvantage for Your Trust

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Last month I explored the potential advantages of naming a corporate trustee, acknowledging that the decision is ultimately a matter of personal preference. In this second part of a two-part, “point-counterpoint”...more

Saul Ewing LLP

Planning for the Ongoing Care of Your Pets

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To many of us, our pets are members of the family. However, they are often overlooked in putting together an estate plan, where the traditional focus is on the disposition of a client’s assets and naming guardians for his or...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Estate Planning and Estate Administrations During Economic Downturns

In uncertain economic times, many individuals are concerned about the value of their investments, and for good reason. When the stock market dips or real estate prices fall, the effect isn’t just felt in personal investment...more

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

An action brought by a trust beneficiary to remedy a breach of fiduciary duty ought not to trigger the trust’s in-terrorem clause,...

A court should not enforce a trust in terrorem clause if its enforcement under the particular facts and circumstances would frustrate settlor intent. Assuming that the settlor intended to impress a trust upon the property,...more

Fleurinord Law PLLC

From Purple Reign to Probate Pain: Lessons from Prince’s $156 Million Estate Planning Mistake

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The Purple Reign… in Chaos: Netflix, Secrets, and the Fight Over Prince's Legacy...more

Ward and Smith, P.A.

Why Wait? – Estate Planning for Young Families

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Especially in the beginning stages of building a family, legal documentation is not often top of mind. However, for young families, establishing a comprehensive estate plan is an important and proactive step toward...more

Lowenstein Sandler LLP

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

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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

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

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

Schwabe, Williamson & Wyatt PC

Estate Plan Maintenance

Having a fantastic estate plan does not mean much if you do not take steps to implement and maintain it. Just like your car, your estate plan requires maintenance. We have a few tips to help you keep your estate plan up to...more

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

Parsing the Uniform Trust Code in Isolation Without Regard to the Uniform Probate Code and the Uniform Powers of Appointment Act...

Intro. The Uniform Trust Code (UTC) is a mere aggregation of tweaks to the corner of equity jurisprudence that long ago gave birth to and currently stewards the trust relationship, hereinafter “the background trust law.”...more

Robins Kaplan LLP

The Robins Kaplan Spotlight, Vol. 10 No. 1 - March 2025

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The Spotlight strives to provide a forum to discuss the latest news and compelling issues impacting fiduciaries and those to whom fiduciaries owe duties. Whether you are an officer, director, trustee, beneficiary, trust...more

Kerr Russell

“Quiet Trusts” Now Authorized in Michigan, Offering Potential Benefits When Leaving Significant Assets to a Future Generation

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One of the biggest concerns that parents have when leaving substantial assets to the next generation is that if a child knows or expects that they will receive those assets in the future, it may stifle the child’s ambition to...more

Jaburg Wilk

Naming Co-Trustees of Your Trust – When Being “Fair” Creates More Problems Than It Solves

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A component of creating a trust, is naming trustees for the trust. They are given powers which include managing the trust and its assets. Trust can have a single trustee or co-trustees named. Additionally, a successor...more

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

Individual Trustee Delegates to Financial Institution the Job of Taking Custody and Keeping Track of Income and Principal: The...

While PC software programs are a practical improvement over the trustee’s hard-copy ledger book, when it comes to keeping track of trust income and principal these programs still require serious clerical monitoring on the...more

Foster Swift Collins & Smith

Legal-Ease: What Happens to Assets If I Do No Estate Planning at All?

Dear Jonathan: Based on my research, I feel like I’m pretty well versed in what I am supposed to do when it comes to creating an estate plan for myself. Everything I have read says that I should have a will, powers of...more

Conn Kavanaugh

Five Reasons to Review and Update your Estate Plan (at least) Every Five Years

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You’ve signed your estate plan – congratulations! The most important step is complete. But the next most important step with respect to your estate planning is yet to come. That step is to review your plan as time passes....more

Offit Kurman

Not Maintaining an Up-to-Date Inventory of Art and Collectibles for Estate Planning

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A well-organized inventory is essential for effectively managing and planning the distribution of collectibles, including art. Clients may struggle to track their assets without an inventory, making future distribution and...more

Rivkin Radler LLP

Starting a Difficult but Important Discussion

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Looking for a way to stop family arguments over politics? Well, who isn’t. A quick way to derail a familial political scuffle: Quietly announce that you want to talk about your will. The silence should be automatic. It’s...more

Offit Kurman

Ethical Wills: The Heart of Your Estate Plan

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When most people think of estate planning, Trusts and Last Wills and Testaments usually come to mind. I have spent my career espousing the essential tools for ensuring an efficient transfer of assets from one generation to...more

Schwabe, Williamson & Wyatt PC

Fostering Harmony in Your Estate Plan

Planning for your own incapacity or death can be a stressful experience, not just for yourself, but for anyone who will be affected by the plan. Here are some considerations that may preserve the peace within your family, now...more

Offit Kurman

Prudent Investing in Uncertain Economic Conditions

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The Prudent Investor Rule is a legal principal that requires fiduciaries to act in the best interests of a beneficiary and exercise reasonable care, skill, and caution when making investment decisions, which was codified in...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, January/February 2025

Managing your residuary estate - Even with a comprehensive estate plan, it’s likely you’ll have some assets in a residuary estate. Like the sediment at the bottom of your glass after you finish a fine wine, an estate plan...more

Poyner Spruill LLP

Clear Drafting in Estate Planning: Lessons from Abitol v. Clark

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The North Carolina Court of Appeals’ recent decision on December 3, 2024 in Abitol v. Clark highlights the critical role of clear drafting in estate planning and raises novel legal questions regarding the inheritance rights...more

Lowenstein Sandler LLP

Grave Reservations: Everything You Didn’t Realize You Want to Know About Cemeteries

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Host Warren K. Racusin, Chair of Lowenstein’s Trusts & Estates practice, talks about the law and lore of cemeteries with Eric D. Weinstock, and Rich Moylan, president of Green-Wood Cemetery in Brooklyn, New York. They discuss...more

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