TaxNotes – Margaret Ryznar: A Tax Credit for Wills (July 9, 2021)

Margaret Ryznar has published an article on the TaxNotes, titled “A Tax Credit for Wills,” The article begins as follows: The COVID-19 pandemic revealed certain problems in American society, including a systemic lack of estate planning, which Americans have a long history of neglecting. The reasons may vary. For example, many people — not expecting … Continue reading TaxNotes – Margaret Ryznar: A Tax Credit for Wills (July 9, 2021)

Northern Trust: Delaware Trusts: Safeguarding Personal Wealth (2021 Edition)

The Northern Trust has published their 2021 edition on, "Delaware Trusts: Safeguarding Personal Wealth". The article begins as follows: Many families and their advisers have found the State of Delaware to be a trust- friendly jurisdiction that promotes modern laws and enjoys attractive income tax advantages. This paper highlights the most significant legal and tax … Continue reading Northern Trust: Delaware Trusts: Safeguarding Personal Wealth (2021 Edition)

Richard Kiely (Holland & Hart): Why Trust Situs is Important (July 13, 2021)

Richard Kiely, of Holland & Hart, has made available for download his article, "Why Trust Situs is Important," published in JDSUPRA. The abstract is as follows: When does a trust’s situs, also known as principal place of administration, move?  What is enough to trigger a move?  Should a trustee be concerned about their trust’s situs?  … Continue reading Richard Kiely (Holland & Hart): Why Trust Situs is Important (July 13, 2021)

Andrew Biondi: The Tale of the Feuding Fiduciaries (July 14, 2021)

Andrew Biondi, of Sands Anderson PC, has made available for download his article, "The Tale of the Feuding Fiduciaries", published in JDSUPRA. The abstract is as follows: When two brothers appointed to serve as coexecutors of their mother’s estate can’t get along in fulfilling their jointly held duty, how does a Virginia court decide which … Continue reading Andrew Biondi: The Tale of the Feuding Fiduciaries (July 14, 2021)

Florida Probate & Trust Litigation Blog: If a married couple transfers their tenants by the entireties (TBE) property to a joint trust, have they forfeited its creditor protection shield? (July 12, 2021)

Juan C. Antúnez, in his Florida Probate & Trust Litigation Blog, discusses the implications of using a joint revocable trust between married couples with regards to creditor protection. The article begins as follows: If a married couple transfers their tenants by the entireties (TBE) property to a joint revocable trust, have they forfeited its creditor protection shield? That’s … Continue reading Florida Probate & Trust Litigation Blog: If a married couple transfers their tenants by the entireties (TBE) property to a joint trust, have they forfeited its creditor protection shield? (July 12, 2021)

Jennifer J. Wioncek and Osvaldo Garcia: Enactment of FUDTA and CPTA Change the Rules on Florida Trusts (July 1, 2021)

Jennifer J. Wioncek and Osvaldo Garcia have made available for download their article, “Enactment of FUDTA and CPTA Change the Rules on Florida Trusts”, published on Bilzin Sumberg. The abstract is as follows: On June 29, 2021, Florida enacted the Florida Uniform Directed Trust Act ("FUDTA") and the Community Property Trust Act ("CPTA"). Florida will … Continue reading Jennifer J. Wioncek and Osvaldo Garcia: Enactment of FUDTA and CPTA Change the Rules on Florida Trusts (July 1, 2021)

Charles E. Rounds, Jr.: The Domestic Asset Protection Trust (DAPT) and the Full Faith and Credit Clause: Some practical considerations (July 1, 2021)

Charles E. Rounds, Jr., of Suffolk University Law School, has made available for download his article, "The Domestic Asset Protection Trust (DAPT) and the Full Faith and Credit Clause: Some practical considerations," published inJDSUPRA. The abstract is as follows: Assume that a debtor has established with all his property a trust in a DAPT state. … Continue reading Charles E. Rounds, Jr.: The Domestic Asset Protection Trust (DAPT) and the Full Faith and Credit Clause: Some practical considerations (July 1, 2021)

J.M. Coppieters: Trust Planning and the Washington State Capital Gains Tax (June 15, 2021)

J.M. Coppieters, of Scarff Law Firm PLLC, has made available for download his article, “Trust Planning and the Washington State Capital Gains Tax”, published in the Seattle University Law Review, forthcoming. The abstract is as follows: On April 25, 2021, the Washington State Legislature enacted a new state capital gains tax. Before now, Washington state … Continue reading J.M. Coppieters: Trust Planning and the Washington State Capital Gains Tax (June 15, 2021)

Forbes: The 4 Pitfalls Of ‘Designated Beneficiaries’ On Transfer On Death Investment Accounts (July 2, 2021)

Forbes has published an article, "The 4 Pitfalls Of ‘Designated Beneficiaries’ On Transfer On Death Investment Accounts", which discusses issues that may arise when using a Transfer on Death (TOD) account titling. The article begins as follows: When you set up an account to "transfer on death," the assets will go directly to beneficiaries upon … Continue reading Forbes: The 4 Pitfalls Of ‘Designated Beneficiaries’ On Transfer On Death Investment Accounts (July 2, 2021)

Texas Fiduciary Litigator: Court Holds That An Executor May Breach Duties In Making A Non-Pro Rata Distribution Of Assets (June 29, 2021)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses In re Estate of Stewart. The article beings as follows: In In re Estate of Stewart, siblings filed claims regarding the administration of their father’s estate. No. 04-20-00103-CV, 2021 Tex. App. LEXIS 3897 (Tex. App.—San Antonio May 19, 2021, no pet. history). Among other claims, a … Continue reading Texas Fiduciary Litigator: Court Holds That An Executor May Breach Duties In Making A Non-Pro Rata Distribution Of Assets (June 29, 2021)

Andrew Hayashi: Stewardship and the Estate Tax (June 2, 2021)

Andrew Hayashi, of University of Virginia School of Law, has made available his article, "Stewardship and the Estate Tax," published in Canopy Forum. The abstract begins as follows: Estate taxes interfere with the transfer of private property at death, raising questions about stewardship, property and power, what we owe our children, and the meaning of … Continue reading Andrew Hayashi: Stewardship and the Estate Tax (June 2, 2021)

Abigail Disney: I Was Taught From a Young Age to Protect My Dynastic Wealth (June 17, 2021)

Abigail Disney has made available for download her article, "I Was Taught From a Young Age to Protect My Dynastic Wealth," published in The Atlantic. The article begins as follows: When ProPublica published its report last week on the tax profiles of 25 of the richest Americans, jaws dropped across the United States. How was it possible … Continue reading Abigail Disney: I Was Taught From a Young Age to Protect My Dynastic Wealth (June 17, 2021)

Florida Probate & Trust Litigation Blog: Defining Undue Influence (June 21, 2021)

Juan C. Antúnez, in his Florida Probate & Trust Litigation Blog, discusses the lack of consistency regarding undue influence and how is left open to a broad interpretation. The article begins as follows: If you run a search for the term “undue influence” in Florida’s statutes, you’ll get over 30 hits. But try finding a single … Continue reading Florida Probate & Trust Litigation Blog: Defining Undue Influence (June 21, 2021)

Albert Feuer: IRS Guidance About the SECURE Act’s Beneficiary Provisions Requires Revision (May 7, 2021)

Albert Feuer, of Law Offices of Albert Feuer, has made available for download his article, "IRS Guidance About the SECURE Act's Beneficiary Provisions Requires Revision," published in 49 Comp. Plan. J. No. 5, 78 , 2021. The abstract is as followed: The IRS has presented its first and only guidance about how the SECURE Act … Continue reading Albert Feuer: IRS Guidance About the SECURE Act’s Beneficiary Provisions Requires Revision (May 7, 2021)

Forbes: Lessons To Be Learned From Failed Celebrity Estates (June 18, 2021)

Forbes has published an article, "Lessons To Be Learned From Failed Celebrity Estates", which outlines key takeaways from celebrities' mistakes in estate planning. The article begins as follows: If you do not learn from your mistakes you are doomed to repeat them. In Estate Planning, if you do not learn from other’s mistakes, you are likely … Continue reading Forbes: Lessons To Be Learned From Failed Celebrity Estates (June 18, 2021)

David Fowler Johnson (Winstead PC): Court Upheld A Release In A Family Settlement Agreement That Protected A Former Trustee’s Estate From Claims (June 17, 2021)

David Fowler Johnson, of Winstead PC, has made available for download his article, “Court Upheld A Release In A Family Settlement Agreement That Protected A Former Trustee’s Estate From Claims,” published in JDSUPRA. The abstract is as follows: In Austin Trust Co. v. Houren, beneficiaries of a trust executed a family settlement agreement with the trustee … Continue reading David Fowler Johnson (Winstead PC): Court Upheld A Release In A Family Settlement Agreement That Protected A Former Trustee’s Estate From Claims (June 17, 2021)

Probate Stars: Wyoming Supreme Court – Beneficiaries Cannot Intervene In Wrongful Death Action (June 14, 2021)

Probate Stars summarizes the facts of Archer v. Mills and how the Wyoming Supreme Court addressed whether heirs of a decedent can intervene in a wrongful death action brought by the wrongful death representative. The article further explains why a beneficiary in Wyoming can’t intervene in a wrongful death action because of how Wyoming law … Continue reading Probate Stars: Wyoming Supreme Court – Beneficiaries Cannot Intervene In Wrongful Death Action (June 14, 2021)

Christopher Arakaky (Dunlap Bennett & Ludwig PLLC): Asset Protection Trusts and Alternatives (June 14, 2021)

Christopher Arakaky of Dunlap Bennett & Ludwig PLLC, has made available for download his article, "Asset Protection Trusts and Alternatives," published in JDSupra. The abstract is as follows: We live in an incredibly litigious nation. Every year, billions of dollars are spent on lawsuits across the country. Business owners, professionals, and high-profile individuals, among others, … Continue reading Christopher Arakaky (Dunlap Bennett & Ludwig PLLC): Asset Protection Trusts and Alternatives (June 14, 2021)

Shelton Chambers and Nicholas Nester (Chambliss, Bahner & Stophel, P.C.): Tennessee Further Solidifies Itself as a Top State for Trusts (June 9, 2021)

Shelton Chambers and Nicholas Nester, of Chambliss, Bahner & Stophel, P.C., has made available for download their article, "Tennessee Further Solidifies Itself as a Top State for Trusts," published in JDSUPRA. The abstract is as follows: For years, we have known that Tennessee has one of the most robust trust codes in the country. While … Continue reading Shelton Chambers and Nicholas Nester (Chambliss, Bahner & Stophel, P.C.): Tennessee Further Solidifies Itself as a Top State for Trusts (June 9, 2021)

David Fowler Johnson (Winstead PC): Court Reversed Temporary Injunction Against Co-Trustees (June 10, 2021)

David Fowler Johnson, of Winstead PC, has made available for download his article, “Court Reversed Temporary Injunction Against Co-Trustees,” published in JDSUPRA. The abstract is as follows: In Marshall v. Marshall, a beneficiary sued the original trustee and five co-trustees of two trusts regarding claims that they breached fiduciary duties. No. 14-17-00930-CV, 2021 Tex. App. LEXIS … Continue reading David Fowler Johnson (Winstead PC): Court Reversed Temporary Injunction Against Co-Trustees (June 10, 2021)