Texas Fiduciary Litigator: Receiverships in Trust and Estate Litigation in Texas (September 13, 2020)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses the Texas Civil Practice and Remedies Code Chapter 64 and the Texas Property Code Section 114.008. A plaintiff in a trust or estate dispute often needs to seek a remedy before trial to protect it from immediate injury, to protect the assets made the basis … Continue reading Texas Fiduciary Litigator: Receiverships in Trust and Estate Litigation in Texas (September 13, 2020)

Leimberg Weekly Digest: September 6 – 12, 2020

LISI WEEKLY DIGEST [Subscription Required] Steve Leimberg's Estate Planning Newsletter·  September 8 -David Pratt & Jeff Baskies - The Time Has Come to Implement Painless Giving: How to Gift One or More Residences Prior to the End of the Year Without Feeling ItSteve Leimberg's Employee Benefits and Retirement Planning Newsletter·  September 10 -Mary Vandenack on Lee v. Argent … Continue reading Leimberg Weekly Digest: September 6 – 12, 2020

David Orentlicher: Cruzan and Surrogate Decision-Making (September 10, 2020)

David Orentlicher, of the University of Nevada, Las Vegas, William S. Boyd School of Law, has made available for download his article, "Cruzan and Surrogate Decision-Making," published in the SMU Law Review, Vol. 73, No. 1, 2020. The abstract is as followed: When the U.S. Supreme Court issued its landmark “right to die” decision in Cruzan v. Director, Missouri Department … Continue reading David Orentlicher: Cruzan and Surrogate Decision-Making (September 10, 2020)

Texas Fiduciary Litigator, Presentation: Preparing the Charge, the Charge Conference, and Protecting the Record (September 11, 2020)

Winstead Publications, in their Texas Fiduciary Litigator Blog, discusses Texas Department of Highways v. Payne David F. Johnson presented his paper entitled “Preparing the Charge, The Charge Conference, and Protecting the Charge,” to the State Bar of Texas’s Advanced Civil Appellate Course on September 9, 2020. The presentation covered the history of Texas charge practice regarding the use of broad … Continue reading Texas Fiduciary Litigator, Presentation: Preparing the Charge, the Charge Conference, and Protecting the Record (September 11, 2020)

Florida Probate & Trust Litigation Blog: What’s the right way and the wrong way to deed property OUT of your revocable trust? (August 23, 2020)

Juan C. Antúnez, in his Florida Probate & Trust Litigation Blog, discusses what is the right way and the wrong way to deed property OUT of your revocable trust. His article begins as follows: Deeding property “into” and “out” of trusts is the kind of bread and butter work trusts and estates lawyers do all the time. But … Continue reading Florida Probate & Trust Litigation Blog: What’s the right way and the wrong way to deed property OUT of your revocable trust? (August 23, 2020)

Bloomberg News: Millionaires Would Pay Up Under Biden Tax Plans, Study Shows (Sept. 14, 2020)

According to Bloomberg News, millionaires could see much bigger tax bills if Democrat Joe Biden is elected president in November, but levies on most households below the top income brackets would stay about the same as under President Donald Trump, an outside analysis shows. Biden’s tax proposals would have the top 0.1% of earners -- those currently … Continue reading Bloomberg News: Millionaires Would Pay Up Under Biden Tax Plans, Study Shows (Sept. 14, 2020)

Stanford Business (Sept. 2020): Transitioning from Good to Great Leaders; Managing in the Moment; and More!

Strategy Four Ways Good Leaders Become Great Leaders Build a company culture where both you and your employees thrive. Watch More  Economics Mapping the Good and the Bad of Pandemic-Related Restrictions A new computer model developed by Stanford researchers could help policymakers choose the right reopening strategy. Read More  Finance Craftier Than Cash: How Banks … Continue reading Stanford Business (Sept. 2020): Transitioning from Good to Great Leaders; Managing in the Moment; and More!

Saul Levmore, Death as Divorce for the Abandoned Spouse: Davis V. Combes and the Cautious and Gender-Sensitive Judiciary (December 12, 2019)

Saul Levmore, of the University of Chicago Law School, has made available for download his article, Death as Divorce for the Abandoned Spouse: Davis V. Combes and the Cautious and Gender-Sensitive Judiciary, published in Social Science Research Network. The abstract is as followed: Davis v. Combes is a Seventh Circuit decision by Judge Diane Wood … Continue reading Saul Levmore, Death as Divorce for the Abandoned Spouse: Davis V. Combes and the Cautious and Gender-Sensitive Judiciary (December 12, 2019)

Leimberg Weekly Digest: August 23 – 28, 2020

LISI WEEKLY DIGEST [Subscription Required] Steve Leimberg's Estate Planning Newsletter·  August 27 -Steve Leimberg - Review of the 13TH Edition of Tools and Techniques of Financial Planning·  August 25 -Paul Hood: Exercising Swap Powers, Part 1Steve Leimberg's Business Entities Newsletter·  August 26 -Brandon Ketron, Alan Gassman & Kevin Cameron: SBA Releases New Interim Final Rules Placing Restrictions on Payments … Continue reading Leimberg Weekly Digest: August 23 – 28, 2020

Saul Levmore, Death as Divorce for the Abandoned Spouse: Davis V. Combes and the Cautious and Gender-Sensitive Judiciary (December 12, 2019)

Saul Levmore, of University of Chicago Law School, has made available for download his article, Davis V. Combes and the Cautious and Gender-Sensitive Judiciary, published in Social Science Research Network. The abstract is as followed: Davis v. Combes is a Seventh Circuit decision by Judge Diane Wood involving a decedent who surprises her surviving family by secretly transferring assets to her sister. … Continue reading Saul Levmore, Death as Divorce for the Abandoned Spouse: Davis V. Combes and the Cautious and Gender-Sensitive Judiciary (December 12, 2019)

McGuire Woods: Recent Cases of Interest to Fiduciaries (Sept. 2, 2020).

In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following: In the Matter of the William J. Raggio Family Trust, 460 P.3d 969 (Nev. April 9, 2020). Nevada Supreme Court found that the settlor’s surviving spouse, as trustee, … Continue reading McGuire Woods: Recent Cases of Interest to Fiduciaries (Sept. 2, 2020).

Leimberg Weekly Digest: August 15 – 21, 2020

LISI WEEKLY DIGEST [Subscription Required] Steve Leimberg's International Tax Planning Newsletter·  August 20 -Steve Leimberg: Review of International Estate Planning 2nd Edition by Barbara Hauser and Melissa LangaSteve Leimberg's Estate Planning Newsletter·  August 18 -Sandra D. Glazier on US v. Sanmina Corporation - A Primer on the Attorney Client Privilege and Work Product Doctrine·  August 18 -7520 and Other … Continue reading Leimberg Weekly Digest: August 15 – 21, 2020

HBR Hotlist (Aug. 31, 2020): Take Ownership of Your Future Self; Save Time Working Remotely; Making Rational Decisions During Uncertainty; Creating Your Own Career Luck; and More!

Take Ownership of Your Future Self By Benjamin Hardy Change is inevitable — but it’s not out of your control. MANAGING YOURSELF How to (Actually) Save Time When You’re Working Remotely by Lauren C. Howe, Ashley Whillans, Jochen I. Menges Six strategies. BUDGETING An Agile Approach to Budgeting for Uncertain Times by Darrell K. Rigby, Joost Spits, Steve Berez The pandemic is making … Continue reading HBR Hotlist (Aug. 31, 2020): Take Ownership of Your Future Self; Save Time Working Remotely; Making Rational Decisions During Uncertainty; Creating Your Own Career Luck; and More!

PLR202035010: Irrevocable Trust Qualifies as See Through Trust for IRAs

In PLR 202035010, the Service ruled that an irrevocable trust qualified as a see through trust regarding IRA distributions under Reg. §1.401(a)(9)-4, Q&A-5. In PLR 202035010, the decedent ("D") established two trusts, one revocable and one irrevocable trust. D named the revocable trust as the beneficiary of his two IRAs. The revocable trust named D's … Continue reading PLR202035010: Irrevocable Trust Qualifies as See Through Trust for IRAs

Steve R. Akers: Estate of Bolles v. Commissioner, T.C. Memo. 2020-71 –Treatment of Advances as Legitimate Loans vs. Gifts (July 24, 2020)

Steve R. Akers, of Bessemer Trust, has published his summary of the Estate of Bolles v. Commissioner, T.C. Memo. 2020-71 –Treatment of Advances as Legitimate. The summary is as follows: Estate of Bolles v. Commissioner, T.C. Memo. 2020-71, addresses whether advances made to a son with no loan agreements, security, or attempts to force repayment … Continue reading Steve R. Akers: Estate of Bolles v. Commissioner, T.C. Memo. 2020-71 –Treatment of Advances as Legitimate Loans vs. Gifts (July 24, 2020)

Texas Fiduciary Litigator: Court Reversed Breach Of Fiduciary Duty Judgment Due To A Lack Of Damages (August 23, 2020)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses In the Interest of M.G.G In In the Interest of M.G.G., an ex-husband was made a constructive trustee of stocks that he held in his retirement account for his ex-wife. No. 05-19-00777-CV, 2020 Tex. App. LEXIS 6291 (Tex. App.—Dallas August 10, 2020, no pet. history). The divorce order … Continue reading Texas Fiduciary Litigator: Court Reversed Breach Of Fiduciary Duty Judgment Due To A Lack Of Damages (August 23, 2020)

Treasury Decision 9909 – Limitation on Deduction for Dividends Received from Foreign Corporations and Amounts Eligible for Section 954 Look-Through Exception

The IRS and Treasury has issued final regs under Code Secs. 245A and 954. The final regs do the following:  Limit the deduction for certain dividends received by US persons from foreign corporations under Code Sec. 245A; andLimit the exception to subpart F income under Code Sec. 954(c)(6) for certain dividends received by controlled foreign … Continue reading Treasury Decision 9909 – Limitation on Deduction for Dividends Received from Foreign Corporations and Amounts Eligible for Section 954 Look-Through Exception