Choosing a Trustee: Navigating the Complexities and Key Considerations
Law School Toolbox Podcast Episode 509: Listen and Learn -- Third-Party Rights in Contracts (Part 2 - Beneficiaries)
Law School Toolbox Podcast Episode 508: Listen and Learn -- Third-Party Rights in Contracts (Part 1 - Rules)
Mamma Mia!: Common Estate Planning Issues for Blended Families
Once Removed Episode 38: The Legacy Mindset: What It Is and How to Build It
John Wick - What You Need To Know about the Corporate Transparency Act
Once Removed Episode 24: Expressing Goals and Intent for the Trust
Once Removed Episode 23: Naming Guardians for Minor Children
Once Removed Episode 22: Building Flexibility into the Estate Plan
Once Removed Episode 20: Helping a Beneficiary Purchase a Home
Life After Love Gone Wrong Podcast: Season 3, Episode 6 - Reshaping Your Legacy: Estate Planning After Your Divorce
Charitable Planning With Guest Stephanie Hood: Navigating Complex Rules and Traps for the Unwary
A Primer On Trusts - A Podcast with Janathan Allen
Once Removed Episode 13: It’s 5 o’Clock: Do You Know Where Your Will Is? A Lesson From Aretha Franklin
Once Removed Episode 12: SLATs and the Case of McKim vs. McKim
Once Removed Episode 11: Spousal Lifetime Access Trusts, or SLATs
Digital Planning Podcast Episode: Family Office Technology Solutions
Digital Planning Podcast Episode: The Uniform Electronic Estate Planning Documents Act
What is a self-proving affidavit?
The Importance of Beneficiary Designations
In White v. White, an income beneficiary of a trust was retained to manage ranch property. No. 08-23-00244-CV, 2024 Tex. App. LEXIS 8896 (Tex. App.—El Paso December 19, 2024, no pet.)....more
In White v. White, an income beneficiary of a trust was retained to manage ranch property. 704 S.W.3d 250 (Tex. App.—El Paso 2024, no pet.). He later became trustee of the trust and ratified his employment and the employment...more
As an old song covered by the Beatles goes, “the best things in life are free, but you can’t keep em for the birds and bees, now give me money, that’s what I want.”...more
Profit narrowly defined is total revenue minus total expenses, i.e., net gain. Profit broadly defined is merely a synonym for benefit. When a trustee’s unauthorized self-dealing directly harms the trust estate, the trustee is...more
Executors and administrators of estates in Virginia must swear an oath before the probate clerk that they will “faithfully perform the duties of [their] office to the best of [their] judgment.” These duties are called...more
In Richey v. Brouse, the settlor created a special needs trust for her son, who had a mental disability and a seizure disorder that required day-to-day care. No. 03-23-00544-CV, 2024 Tex. App. LEXIS 8842 (Tex. App.—Austin...more
Minnesota is implementing changes to the laws that govern trusts, estates, and powers of attorney, with most of the changes effective August 1, 2025. These legislative updates modernize long-standing rules, streamline the...more
After the loss of a loved one, families often face difficult questions—especially when the terms of a will are unexpected or the person named as executor is unfit. In these situations, it’s important to know that you do have...more
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
Probate is the legal process of administering a Decedent’s Last Will & Testament (“Will”), whereby assets owned by the Decedent at death are distributed pursuant to the terms of their Will, or if there is no Will, according...more
While every probate dispute is unique, there are some issues that commonly arise. When the validity of a will or trust is contested, one family member or group may accuse other family member or members of undue influence or...more
Look, I love a good soap opera. I grew up on Dallas, and I still sneak in The Bold and the Beautiful when I can. There’s something about the betrayal, the big reveals, and the constant twists that makes it compelling. But you...more
Nearly 140 years ago, the United States Supreme Court first recognized that one who causes harm to another should not financially benefit from the estate of the harmed person. In Mutual Life v. Armstrong, the defendant was...more
In this episode of 'Trust Us,' Danielle Friedman, Max McCauley, and Herb Fineburg discuss the critical aspects of selecting a trustee. They cover common client questions, including who should be named as a trustee, the...more
Under Virginia law, when a party is considering filing a lawsuit, the most important thing to consider is whether or not the cause of action that is the basis for the lawsuit is time-barred. This is determined by the...more
As global attention sharpens on climate change and social justice issues, sustainability and responsible governance are increasingly becoming higher priorities for 'Millennial' and 'Gen Z' Beneficiaries....more
Managing a Special Needs Trust (SNT) comes with tremendous responsibility. Trustees are not only tasked with safeguarding the financial future of a beneficiary with special needs, but they must also ensure that trust assets...more
A large part of business sucession planning is structuring the transfer of business ownership. While outright transfers can be less complex, transferring ownership in trust can provide practical benefits that are worth...more
In Suday v. Suday, the executor was also the sole beneficiary of her mother’s estate. No. 24-1009, __ Tex. LEXIS __ (Tex. June 27, 2025) (per curiam). She engaged in substantial litigation seeking to challenge her parents’...more
In In re Est. of Prieto, the contestant’s mother executed a will in 2008 leaving her property to a trust. No. 04-22-00038-CV, 2024 Tex. App. LEXIS 6336 (Tex. App.—San Antonio August 28, 2024, no pet.)....more
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
Among a trustee's numerous powers, the exercise of its power of appointment is one it will most often be asked to consider exercising. It is also the power that will come under the most scrutiny from beneficiaries....more
Wealth and celebrity provide no immunity from the burdens of fiduciary responsibility. The more complex an estate or financial portfolio, the greater the opportunity for fiduciary breaches—whether through elder exploitation,...more
The world of cryptoassets continue to evolve at a breathtaking pace, with cryptocurrencies such as Bitcoin and Ether reaching unprecedented heights and capturing the attention of HNWIs. Recent surges in the value of these...more
Despite efforts by plan sponsors and third-party administrators/plan recordkeepers to communicate to defined contribution retirement plan participants the importance of designating a beneficiary to receive any remaining...more