News & Analysis as of August 4, 2025

Estate Planning › Living Trust

+ Follow

Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process. less -

Kositzka v. Fick: Key Lessons on Trustee Fiduciary Duty in Virginia Trusts

Gordon Rees Scully Mansukhani on 5/20/2025

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

The Risks of Bad Advice

Offit Kurman on 2/18/2025

In this episode of Trust Us, Danielle Friedman, Herb Fineburg, and Max McCauley tackle the pitfalls of common estate planning advice, highlighting the risks of adding children to bank accounts or deeds purely for convenience....more

Asset Protection Planning from A-Z: 26 Things to Think About Before Jumping In

Kilpatrick on 2/12/2025

Let’s work off of this premise: an estate planner’s job is to help a client pass their value and values to the following generations to the fullest extent possible, addressing as many of the obstacles in doing so as...more

Privacy Protection in Estate Planning: The ABCs of Maximizing Confidentiality

Kohrman Jackson & Krantz LLP on 12/12/2024

Is anything private anymore? We live in a digital age where information is quick and abundant. While this is helpful in many circumstances, it may seem most concerning when it comes to your estate plan. Your estate plan...more

What do You Need to Know About A Trust and Why?

Allen Barron, Inc. on 3/22/2024

Most US homeowners and business owners understand the importance of an estate plan; they just never seem to get around to completing the task. What do you need to know about a trust? Why are trusts a central component of any...more

Trusts 101: Living or Testamentary; Revocable or Irrevocable; Grantor and Non-Grantor – What Does All of This Mean?

Warner Norcross + Judd on 2/6/2024

Trusts are described in multiple ways, including: living or testamentary, revocable or irrevocable and grantor or non-grantor. These terms are not always mutually exclusive. A trust can be living, revocable and a grantor...more

Avoiding Probate in New York: Benefits of Planning Ahead

Lippes Mathias LLP on 11/29/2023

What is the Probate Process in New York? Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute the...more

Estate Planning for Unmarried Couples: Considerations to Make

Lippes Mathias LLP on 10/5/2023

There are two ways in which your assets pass upon your death: (1) by operation of law to designated beneficiaries (IRA, life Insurance, etc.), pursuant to an agreement (a living trust agreement) or as joint owners with rights...more

Is it Time to Update Your Estate Plan?

Amundsen Davis LLC on 6/7/2023

Things change; a periodic review of your estate plan is an important part of plan maintenance. Your basic estate plan (will, trust, powers of attorney, etc.) can be amended whenever necessary. It’s important to consider your...more

What Is A Living Trust?

Lewitt Hackman on 1/16/2023

A living trust is a way of holding title to your assets so they will not have to go through probate (a Court supervised estate administration) upon your death. The trust states what happens to your assets if you are...more

Joint Trusts: A Useful Tool for Some Married Couples

Ward and Smith, P.A. on 7/7/2022

Though not a silver bullet for every situation, in appropriate circumstances, a Joint Revocable Living Trust ("Joint Trust") can provide a married couple with significant benefits and simplify the administration of assets...more

The Case for Brevity in Trust Documents

Sands Anderson PC on 5/24/2022

The most powerful and flexible tool estate planners have today is the revocable living trust. It is essentially a substitute for a will that allows you to avoid the often lengthy and expensive probate process, while giving...more

How to Probate-Proof your LLC Interest

Jaburg Wilk on 5/5/2021

Whether I’m working on a business transaction or assisting business owners with their estate planning, I always look at how the ownership of the LLC is structured. While many business owners have set up a revocable living...more

Your Guide to Essential Estate Planning Documents

Jaburg Wilk on 5/11/2020

If you’re like most people, there is a laundry list of things you’d rather do than think about your estate plan. While it can be a challenging area to discuss, your estate plan is essential to ensure you and your family are...more

Recent Indiana Court of Appeals Decision Illustrates Importance of Clear Estate Planning Documents

Faegre Drinker Biddle & Reath LLP on 2/11/2020

Background - Recently, the Indiana Court of Appeals decided the case of Murphy, et al. v. Trustee of Star Financial Bank, et al. The case involved a woman named Janice who had executed a revocable living trust in 1990. ...more

Understanding Revocable Trusts

Chambliss, Bahner & Stophel, P.C. on 1/27/2020

Revocable trusts are an effective way to avoid probate and provide for asset management in the event of incapacity. In addition, revocable trusts--sometimes called “living” trusts--are incredibly flexible and can achieve many...more

Understanding the Differences Between a Living Trust and an Irrevocable Trust

Chambliss, Bahner & Stophel, P.C. on 1/22/2020

You may be thinking about setting up a trust to protect your assets, save on estate taxes, or perhaps set aside money for a special needs family member. Before you commit to a plan, make sure you understand the differences...more

Number One On Your New Home 'To Do' List: Creating And Funding Your Revocable Living Trust Agreement

Clark Hill PLC on 12/4/2019

CONGRATULATIONS ON YOUR NEW HOME! Purchasing a home is one of the most significant investments you can make. Consequently, you will probably do everything you can to care for and protect your home, right? Those protective...more

Federal Court Holds That Trust Beneficiaries’ Claims Against Brokerage Firm Should Not Be Compelled To Arbitration

Winstead PC on 5/13/2019

In Freeman v. Fid. Brokerage Servs., LLC, the mother of the plaintiffs executed a living trust agreement. No 3:18-CV-0947-G, 2019 U.S. Dist. LEXIS 34694 (N.D. Tex. March 5, 2019)....more

Top 5 Reasons that Seniors Should Avoid Sharing a Joint Bank Account with an Adult Child

Cranfill Sumner LLP on 4/10/2019

As seniors age, many seniors believe that they should add an adult child to their bank account. Purely for ease and convenience, a jointly owned bank account would be a good way for an adult child to monitor a senior’s...more

It’s All About Trust

Smith Debnam Narron Drake Saintsing & Myers,... on 3/23/2018

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....more

Should Automobiles Be Transferred To A Trust?

Dickinson Wright on 9/4/2017

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...more

Are You Considering A Revocable Living Trust?

McNees Wallace & Nurick LLC on 5/17/2017

The revocable living trust is often advertised as a “must have” part of your estate plan. While a revocable living trust may be useful in some situations, it is not an estate planning cure all. The following are issues to...more

Be Careful with Living Trusts that Own S Corporation Stock

Davis Wright Tremaine LLP on 8/22/2016

In many states, Living Trusts are a person’s key estate planning document. Living Trusts are created to hold assets during life and then dispose of those assets at death according to the person’s directions (here, we will...more

The write stuff: A letter of instructions

Adler Pollock & Sheehan P.C. on 8/1/2016

When drafting an estate plan, the centerpiece is a will or living trust. Such a document determines who gets what, where, when and how, as well as tying up the loose ends of an estate. A valid will or living trust can be...more

29 Results

View per page

Page: of 2

Estate Planning › Living Trust

"My best business intelligence, in one easy email…"