Choosing a Trustee: Navigating the Complexities and Key Considerations
Five Tips for a New Public Company Director
Sunday Book Review: June 15, 2025. The Books on Corporate Governance Edition
PODCAST: Williams Mullen's Benefits Companion - Forfeitures Under Fire
PODCAST: Williams Mullen's Benefits Companion - Navigating Fiduciary Responsibilities in a Tide-Turning ESG Era
How ERISA Litigators Strengthen Plan Compliance and Risk Management: One-on-One with Jeb Gerth
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#WorkforceWednesday®: New DOL Guidance - ERISA Plan Cybersecurity Update - Employment Law This Week®
John Wick - What You Need To Know about the Corporate Transparency Act
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Once Removed Episode 24: Expressing Goals and Intent for the Trust
Episode 322 -- Checking in on Caremark Cases
What Can A Tax Attorney Do For You? A Podcast With Janathan Allen
PODCAST: Williams Mullen's Benefits Companion - New Federal Rule Aims to Hold Investment Advisors to a Higher Standard
A Primer On Trusts - A Podcast with Janathan Allen
Podcast - Deberes fiduciarios de los administradores
New SEC Private Funds Rules – What Is Happening and What You Need to Know - Troutman Pepper Podcast
Podcast Episode 189: Adding Context to Compliance and Color To Your Legal Practice
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Basics of Impact Investing: A Conversation About Investment Policies and Evaluation Metrics For ESG Investors
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
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 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
The Restatement (Third) of Trusts, specifically §104, lists four general areas in which the beneficiary’s actions may lead to an assumption of internal liability to the trust estate: (1) A loan or advance to the beneficiary...more
In California, trustees have a fiduciary duty to act impartially and in the interest of all beneficiaries. But what happens when a trustee uses trust funds to finance litigation that benefits only certain beneficiaries—or...more
As discussed in a previous blog, prior to an executor making distributions from an estate he/she must produce an accounting which the beneficiaries of an estate are entitled to review. Provided that the accounting is...more
In Estate of Richards, a probate court entered an order appointing a receiver of estate property. No. 11-23-00031-CV, 2024 Tex. App. LEXIS 8626 (Tex. App.—Eastland December 12, 2024, no pet. history)....more
The United States is on the brink of the largest transition of wealth in its history, known as the “Great Wealth Transfer.” By 2045, an estimated $84 trillion in assets will be transferred from baby-boomers to their heirs. In...more
Prior to the distribution of an estate by an executor to its beneficiaries, an executor must prepare an accounting which outlines the assets of an estate, its liabilities, and the expenses paid by an estate prior to actual...more
When is the executor nominated by the decedent in a will deemed unfit to serve as executor? Rarely – but a recent decision in Surrogates Court set forth the standard and deemed the nominated executor in that case unfit to...more
In In re Estate of Brown, a charity offered a copy of will to probate. No. 23-0258, 2024 Tex. LEXIS 684 (Tex. August 30, 2024). An attorney offered unsworn testimony regarding the reason for the nonproduction of the original...more
A recent appellate case serves as a valuable lesson for both estate planners and beneficiaries about adhering to formal procedures when making changes to a trust. The court found that the mere exchange of emails was...more
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
A lis pendens is a recorded document giving constructive notice that a lawsuit has been filed affecting title to or right of possession of the real property described in the notice. Any person later acquiring an interest in...more
The Cayman Islands offers many advantages to global families: the structures available are modern and flexible; the jurisdiction's legislation is continually updated in line with the market and evolving international rules;...more
Wendy Williams’ ongoing legal battle over her financial conservatorship has reignited public debate on the complexities of incapacity planning. Although she allegedly executed a power of attorney (POA) in favor of her son,...more
Yes, depending on the nature of the crime and if convicted. In re Donald F. Clark Trust, Court of Appeals January 16, 2025 (unpublished). This appeal involved the probate court's winddown of the Donald F. Clark Trust....more
Domestic partnerships are legal arrangements between two individuals that grant some of the same rights and benefits as marriage. While domestic partnerships are recognized in many states, inheritance rights can differ...more
Hey everybody – it’s January! How was your New Year’s Eve? How did you celebrate? Did you go to a party? Did you host a party? Were there games at your party? What kind of games? Charades? Jenga? Maybe you went crazy and...more
Assume the deceased settlor of a trust had intended that his niece be included in the beneficiary class, but his estate-planning attorney had negligently made no provision for her in the governing instrument. After settlor’s...more
A recent decision of the Michigan Court of Appeals illustrates how the presumption of undue influence operates in a will contest when there is no eyewitness evidence of undue influence. In re Jones Estate, 2024 WL 5198621...more
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
Newcomers to probate litigation are frequently surprised by how differently things work in probate court, as opposed to your more straightforward civil courts. (And how do those newcomers know how civil courts work? Law &...more