News & Analysis as of

Beneficiaries Trusts

Stark & Stark

The Hidden Dangers of Joint Bank Accounts in Pennsylvania Estate Disputes

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Joint bank accounts are often viewed as a convenient way to manage finances or pass assets seamlessly upon death. However, in Pennsylvania estate disputes, joint accounts can become a major source of conflict among heirs and...more

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

When trustee’s unauthorized self-dealing causes no direct harm to trust corpus can trustee still be surcharged?

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

Winstead PC

Court Affirmed An Order Removing A Trustee

Winstead PC on

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

Stark & Stark

Three Common Estate Planning Mistakes - and How to Avoid Them

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​​​​​​​Estate planning is a vital step in protecting your legacy and ensuring your loved ones are protected. Yet, many individuals unintentionally make mistakes that can lead to confusion, delays, and unnecessary expenses....more

Winthrop & Weinstine, P.A.

What Minnesota’s New Trust Law Means for You

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

Stark & Stark

What Happens When There’s No Will? Navigating Intestate Litigation in Pennsylvania

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When someone passes away without a valid will, they are said to have died intestate. In Pennsylvania, dying intestate can create confusion and disputes among surviving family members over how the estate should be distributed....more

Mandelbaum Barrett PC

Caveats in Probate: How to Challenge a Will in New Jersey

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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

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

Allen Barron, Inc.

The Prudence of Estate Planning

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The prudence of estate planning extends far beyond the question of “what happens to my money, assets, and belongings at the end of my life?” Estate planning facilitates shrewd planning and management of one’s life and...more

Saul Ewing LLP

What is the “Probate” Process? How Does It Work? Why Do People Want to Avoid It?

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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

Saul Ewing LLP

Judge Denies Attempt to Modify Terms of Rupert Murdoch’s Irrevocable Trust

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Irrevocable trusts have long been a valuable arrow in the quiver of the high-net-worth estate planner. An irrevocable trust can provide tax advantages by minimizing estate taxes and preserving wealth for future generations....more

Miles Mediation & Arbitration

Preserving Relationships and Crafting a Resolution: The Advantages of Mediation in Probate Disputes

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

Conn Kavanaugh

The Importance of Estate Planning for Families

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Everyone should have an estate plan. Your estate plan is the roadmap in a crisis, providing guidance to loved ones on how to proceed and ensuring your wishes and goals are met. For those with young children or children with...more

Levenfeld Pearlstein, LLC

Securing Your Legacy: Essential Estate and Succession Planning for Family Life Insurance Businesses

Experienced trusts and estates attorneys consistently observe how proper planning can mean the difference between a thriving legacy and a fragmented enterprise. For family-owned life insurance businesses, the stakes are...more

Chambliss, Bahner & Stophel, P.C.

The Benefits of Establishing a Special Needs Trust Early

Special Needs Trusts (SNTs) protect assets for individuals with disabilities while preserving eligibility for public benefits like SSI and Medicaid. Establishing an SNT early allows for long-term financial planning,...more

Allen Barron, Inc.

Succession Planning for Business Owners

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What is succession planning for business owners? How does this affect the short and long-term interests of your company and its value? Why should you be concerned about succession planning if you own a business or have a...more

Foley & Lardner LLP

Trump Accounts: The New Child Savings Account Established Under the One Big Beautiful Bill Act

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On July 4, 2025, President Trump signed into law the One Big Beautiful Bill Act (OBBA). The OBBA established a new type of tax-advantaged savings account for minors, known as “Trump Accounts.” While the specific details of...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

Troutman Pepper Locke

Estate Planning in Uncertain Times

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"God, grant me the serenity to accept the things I cannot change, courage to change the things I can, and wisdom to know the difference."- The Serenity Prayer- The first 100 days of President Trump’s administration have been...more

Proskauer Rose LLP

Wealth Management Update - July 2025

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The July 2025 Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 5.00%, which is the same as the June 2025 Section 7520 rate...more

Gordon Rees Scully Mansukhani

Virginia’s Often Overlooked Accelerated Statute of Limitations in Breach of Trust Claims

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

Rivkin Radler LLP

Estate Planning Documents for Your ‘Adult’ Child

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While we may know better, an 18-year-old is generally considered an adult under New York law. Many of those 18-year-olds will be heading off to college in the next couple of months. Parents’ rights to make decisions for their...more

Walkers

Trustees, ESG and Investments – key considerations

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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

Mandelbaum Barrett PC

Protecting the Future: Why the Right Investment Advisor Matters for Special Needs Trusts

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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

Mandelbaum Barrett PC

Legacy Lesson: Will or Trust? Estate Planning for Single Parents

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In this episode of Legacy Lessons, Shawn R. McClelland, Partner in our Tax, Trusts, and Estates Practice Group, walks us through one of the most common estate planning questions families face: Should I create a will, or do I...more

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