David Fowler Johnson, of Winstead PC, has made available for download his article, "Court Construes A Trust To Allow A Trustee To Sell Real Estate And To Consider The Proceeds As Principal Of The Trust," published in JDSUPRA. The abstract is as follows: In In re John O. Yates Trust, a trustee of a trust filed … Continue reading David Fowler Johnson (Winstead PC): Court Construes A Trust To Allow A Trustee To Sell Real Estate And To Consider The Proceeds As Principal Of The Trust (February 21, 2023)
Category: Asset Protection
Ann Carrns (New York Times): A New Option for Moving Retirement Savings When Switching Jobs (2/10/2023)
Ann Carrns, of the New York Times, has made available for download her article, A New Option for Moving Retirement Savings When Switching Jobs, published in [NAME OF PUBLICATION]. The abstract is as follows: Moving retirement savings when switching jobs is about to get easier for millions of workers with small balances. The changes aim … Continue reading Ann Carrns (New York Times): A New Option for Moving Retirement Savings When Switching Jobs (2/10/2023)
The Fiduciary Litigator: Court Granted Mandamus Relief To Order District Court To Abate Trust Dispute Due To Earlier Filed Suit In Probate Court (January 30, 2023)
David Fowler Johnson, in his The Fiduciary Litigator Blog, has made available for download his article, “Court Granted Mandamus Relief To Order District Court To Abate Trust Dispute Due To Earlier Filed Suit In Probate Court.” The article begins as follows: In In re McGowan, a dispute arose regarding whether certain interests in real property … Continue reading The Fiduciary Litigator: Court Granted Mandamus Relief To Order District Court To Abate Trust Dispute Due To Earlier Filed Suit In Probate Court (January 30, 2023)
Tiffany Bentley & Noelle Lussier (Burns & Levinson LLP): Trustee Removal: MUTC v. Trust Document (January 31, 2023)
Tiffany Bentley and Noelle Lussier, of Burns & Levinson LLP, have made available for download their article, “Trustee Removal: MUTC v. Trust Document,” published in JDSUPRA. The abstract is as follows: Just because a trustee was named in a trust document does not necessarily mean they will continue to serve perpetually. Many trust instruments include … Continue reading Tiffany Bentley & Noelle Lussier (Burns & Levinson LLP): Trustee Removal: MUTC v. Trust Document (January 31, 2023)
Richard L. Kaplan: The Declining Appeal of Inherited Retirement Accounts (January 12, 2023)
Richard L. Kaplan, of University of Illinois College of Law, has made available for download his article, The Declining Appeal of Inherited Retirement Accounts, published in the Virginia Tax Review. The abstract is as follows: As retirement accounts proliferate and grow in value, American retirees are increasingly leaving substantial balances in these accounts to their … Continue reading Richard L. Kaplan: The Declining Appeal of Inherited Retirement Accounts (January 12, 2023)
Conyers LLP: Guidance For Trustees Dealing With Insolvent Trusts: The Z Trust Cases (January 3, 2023)
Colleagues of Conyers LLP have made available for download their article, “Guidance For Trustees Dealing With Insolvent Trusts: The Z Trust Cases,” published in JDSUPRA. The abstract is as follows: In October 2022, the Privy Council delivered its judgment in the Z Trust case of Equity Trust (Jersey) Ltd (Respondent) v Halabi (in his capacity … Continue reading Conyers LLP: Guidance For Trustees Dealing With Insolvent Trusts: The Z Trust Cases (January 3, 2023)
Charles E. Rounds, Jr. (Suffolk University Law School): The trust being a creature of equity, the Uniform Trust Code rightly defers in spirit to the maxim “Equity looks to the intent rather than to the form” (January 1, 2023)
Charles E. Rounds, Jr., of Suffolk University Law School, has made available for download his article, “The trust being a creature of equity, the Uniform Trust Code rightly defers in spirit to the maxim “Equity looks to the intent rather than to the form”,” published in JDSUPRA. The article begins as follows: The UTC does … Continue reading Charles E. Rounds, Jr. (Suffolk University Law School): The trust being a creature of equity, the Uniform Trust Code rightly defers in spirit to the maxim “Equity looks to the intent rather than to the form” (January 1, 2023)
Shumaker, Loop & Kendrick, LLP: The Estate Planner, January/February 2023 (December 28, 2022)
Colleagues of Shumaker, Loop & Kendrick, LLP have made available for download their article, “The Estate Planner, January/February 2023,” published in JDSUPRA. The article begins as follows: Pay attention to securities laws when planning your estate - Do your assets include unregistered securities, such as restricted stock or interests in hedge funds or private equity … Continue reading Shumaker, Loop & Kendrick, LLP: The Estate Planner, January/February 2023 (December 28, 2022)
Jason Benitez, Lisa McChesney (Goodwin LLC): Transfer-on-Death Designations: Potential Pitfalls (January 20, 2023)
Jason Benitez and Lisa McChesney, of Goodwin LLC, have made available for download their article, “Transfer-on-Death Designations: Potential Pitfalls,” published in JDSUPRA. The article begins as follows: When used in consultation with an estate planning attorney, transfer-on-death (TOD) or payable-on-death (POD) designations on financial accounts can be valuable estate planning tools. However, these account designations … Continue reading Jason Benitez, Lisa McChesney (Goodwin LLC): Transfer-on-Death Designations: Potential Pitfalls (January 20, 2023)
Frank Baldino (Lerch, Early & Brewer LLP): Revocation of Revocable Trust was Fraudulent Transfer (December 30, 2022)
Frank Baldino, of Lerch, Early & Brewer LLP, has made available for download their article, “Revocation of Revocable Trust was Fraudulent Transfer,” published in JDSUPRA. The abstract is as follows: This article first appeared in the December 2022 Edition of the Estate Planning Journal. In JPMorgan Chase Bank, N.A. v. Winget, the United States Court … Continue reading Frank Baldino (Lerch, Early & Brewer LLP): Revocation of Revocable Trust was Fraudulent Transfer (December 30, 2022)
Forbes: The SECURE 2.0 Act’s Impact on Roth IRAs (December 22, 2022)
Forbes has published an article, “The SECURE 2.0 Act’s Impact on Roth IRAs,” which discusses the impacts Roth IRAs will experience as a result of the SECURE 2.0 Act and how to adjust one’s plans accordingly to these effects. The article begins as follows: As a special Christmas present to all of us, the Secure … Continue reading Forbes: The SECURE 2.0 Act’s Impact on Roth IRAs (December 22, 2022)
Forbes: 5 RMD Changes Looming With Passage of SECURE 2.0 Act (December 22, 2022)
Forbes has published an article, “5 RMD Changes Looming With Passage Of SECURE 2.0 Act,” which discusses five provisions in the Secure 2.0 Act that holds the most influence in changing required minimum distributions (RMDs) policies. The article begins as follows: Back when the SECURE Act passed in 2019, I wrote an article for Forbes … Continue reading Forbes: 5 RMD Changes Looming With Passage of SECURE 2.0 Act (December 22, 2022)
Albert Feuer: What is Complete Estate Planning for a Proprietor’s 401(k) Plan Benefits? (December 15, 2022)
Albert Feuer, of Law Offices of Albert Feuer, has made available for download his article, “What is Complete Estate Planning for a Proprietor’s 401(k) Plan Benefits?,” published in the NYSBA Trust & Estates Journal, Vol. 55 No. 4 (2022). The abstract is as follows: The estate planning of an individual who owns a professional or … Continue reading Albert Feuer: What is Complete Estate Planning for a Proprietor’s 401(k) Plan Benefits? (December 15, 2022)
Victoria J. Haneman: Dynasty 529 Plans and Structural Inequality (March 12, 2022)
Victoria J. Haneman, of Creighton University- School of Law, has made available for download her article, “Dynasty 529 Plans and Structural Inequality,” published in Washburn Law Journal, 2022. The abstract is as follows: The tax advantages available through 529 accounts, such as the potential for perpetual tax-free growth, have been maximized by the wealth defense … Continue reading Victoria J. Haneman: Dynasty 529 Plans and Structural Inequality (March 12, 2022)
Washington Post: This inflation-proof bond is paying 9.62%. Here’s how to buy it. (June 22, 2022)
The Washington Post has made available for download their article, “This inflation-proof bond is paying 9.62%. Here’s how to buy it.”, which discusses the steps to buying inflation-indexed series I government savings bonds. The article begins as follows: The government’s inflation-protection savings bond right now is like a Birkin bag — highly coveted.With the stock market crashing and inflation … Continue reading Washington Post: This inflation-proof bond is paying 9.62%. Here’s how to buy it. (June 22, 2022)
Sherry Clay (Foley & Lardner LLP): Preventing Post-Death Issues for a Wisconsin Will: Where There’s a Will, There’s a Way (November 22, 2022)
Sherry Clay of Foley & Lardner LLP, has made available for download her article, “Preventing Post-Death Issues for a Wisconsin Will: Where There’s a Will, There’s a Way”, published in JDSUPRA. The abstract is as follows: A deceased individual (i.e., the decedent) has often taken the initiative during his or her lifetime to create a … Continue reading Sherry Clay (Foley & Lardner LLP): Preventing Post-Death Issues for a Wisconsin Will: Where There’s a Will, There’s a Way (November 22, 2022)
TaxNotes – Micheal Lukacs, Oren P. Margulies, and Lakshmi Jayanthi: ABCs of NFTs: Key Tax Considerations (November 22, 2022)
Michael Lukacs, Oren P. Margulies, and Lakshmi Jayanthi have published an article on the TaxNotes, titled “ABC of NFTs: Key Tax Considerations.” The article begins as follows: Web 3, the metaverse, digital assets — these rapidly developing technology applications are increasingly discussed in media reports and everyday conversations. Web 3 will enable widespread adoption of … Continue reading TaxNotes – Micheal Lukacs, Oren P. Margulies, and Lakshmi Jayanthi: ABCs of NFTs: Key Tax Considerations (November 22, 2022)
Chambliss, Bahner & Stophel, P.C.: What Are Medicaid Asset Protection Trusts? (November 18, 2022)
Chambliss, Bahner & Stophel, P.C. has made available for download their article, “What Are Medicaid Asset Protection Trusts?,” published in JDSUPRA. The abstract is as follows: Medicaid is a state- and federally funded health program for lower-income persons of all ages. For applicants who fall into certain categories, Medicaid imposes specific rules on how much … Continue reading Chambliss, Bahner & Stophel, P.C.: What Are Medicaid Asset Protection Trusts? (November 18, 2022)
Eva E. Subotnik: Dead-Hand Guidance: A Preferable Testamentary Approach for Artists (May 6, 2022)
Eva E. Subotnik, of St. John's University School of Law, has made available for download her article “Dead-Hand Guidance: A Preferable Testamentary Approach for Artists”, published in the St. John's Legal Studies Research Paper No. 22-0005. The abstract is as follows: Postmortem copyrights in the United States allow for the control of art long after … Continue reading Eva E. Subotnik: Dead-Hand Guidance: A Preferable Testamentary Approach for Artists (May 6, 2022)
Rajinder Goyal: Joint Hindu Family, Ancestral & Coparcenary Property (May 21, 2022)
Rajinder Goyal, of the Goyal Chambers of Law, Chandigarh has made available for download his article “Joint Hindu Family, Ancestral & Coparcenary Property”. The abstract is as follows: The concept of Joint Hindu Family, Ancestral, coparcener has always been a debatable issue and gives rise to litigation and as such effort has been made to … Continue reading Rajinder Goyal: Joint Hindu Family, Ancestral & Coparcenary Property (May 21, 2022)