Jason Freeman (Jason Freeman LLP): Releases and Family Settlement Agreements in Trust & Estate Litigation (December 15, 2021)

Jason Freeman, of (Jason Freeman LLP), has made available for download his article, "Releases and Family Settlement Agreements in Trust & Estate Litigation," published in JDSUPRA. The abstract is as follows: A settlement agreement can be beneficial to all parties – it may help reduce litigation costs, facilitate dispute resolution, or guide the parties to … Continue reading Jason Freeman (Jason Freeman LLP): Releases and Family Settlement Agreements in Trust & Estate Litigation (December 15, 2021)

Charles Hunsinger: Lessons from the Massachusetts Appeals Courts’s Most Recent MUTC Case (December 14, 2021)

Charles Hunsinger of Burns & Levinson LLP, has made available for download his article, “Lessons from the Massachusetts Appeals Court’s Most Recent MUTC Case”, published in JDSUPRA. The article begins as follows: The Massachusetts Uniform Trust Code (MUTC) is still new enough that any higher court decision interpreting it feels like a special day for … Continue reading Charles Hunsinger: Lessons from the Massachusetts Appeals Courts’s Most Recent MUTC Case (December 14, 2021)

Robins Kaplan LLP: Quiet Trusts: The Benefits of Privacy in Estate Planning (Winter 2021)

Myleah Wiedmann and Tim Billion of Robins Kaplan LLP have made available for download their article, "Quiet Trusts: The Benefits of Privacy in Estate Planning", The article begins as follows: In the wake of the “Pandora Papers,” the use of secret trusts has come under fire. The media has depicted secrecy in trust administration as … Continue reading Robins Kaplan LLP: Quiet Trusts: The Benefits of Privacy in Estate Planning (Winter 2021)

Jason Freeman (Jason Freeman LLP): Does an Executor Breach Their Fiduciary Duty By Failing to Disclose Facts to Beneficiaries? (December 10, 2021)

Jason Freeman of (Jason Freeman LLP), has made available for download his article, "Does an Executor Breach Their Fiduciary Duty By Failing to Disclose Facts to Beneficiaries?," published in JDSUPRA. The article begins as follows: A fiduciary’s failure to disclose material facts to beneficiaries may violate their fiduciary duties.  A recent Texas court’s decision outlines the … Continue reading Jason Freeman (Jason Freeman LLP): Does an Executor Breach Their Fiduciary Duty By Failing to Disclose Facts to Beneficiaries? (December 10, 2021)

David Fowler Johnson: Court’s Order Ending Family Allowance to Decedent’s Wife Was Reversed Due to a Lack of Notice to the Wife (November 19, 2021)

David Fowler Johnson, of Winstead P.C., has made available for download his article, “Court's Order Ending Family Allowance to Decedent's Wife Was Reversed Due to a Lack of Notice to the Wife”, published in JDSUPRA. The abstract is as follows: In In re Estate of Clark, a trial court entered an order allowing a family allowance … Continue reading David Fowler Johnson: Court’s Order Ending Family Allowance to Decedent’s Wife Was Reversed Due to a Lack of Notice to the Wife (November 19, 2021)

David Fowler Johnson (Winstead PC) : Trust Issues In Divorce Proceedings – Presentation (November 22, 2021)

David Fowler Johnson, of Winstead PC, has made available for download his article, "Trust Issues In Divorce Proceedings - Presentation", published in JDSUPRA. The abstract is as follows: David F. Johnson presented “Trust Issues In Divorce Proceedings” on November 17, 2021. This presentation covered trust issues that arise in divorce disputes, such as spouses creating … Continue reading David Fowler Johnson (Winstead PC) : Trust Issues In Divorce Proceedings – Presentation (November 22, 2021)

Bloomberg Wealth: Ultra-Rich Skip Estate Tax and Spark a 50% Collapse in IRS Revenue (November 18, 2021)

Bloomberg Wealth discusses the dramatic decline in revenue from the U.S. estate tax. The article begins as follows: Revenue from the U.S. estate tax has been cut in half in two years, new datafrom the Internal Revenue Service shows, even as dynastic wealth soars. Just 1,275 wealthy families paid $9.3 billion in estate tax to the U.S. … Continue reading Bloomberg Wealth: Ultra-Rich Skip Estate Tax and Spark a 50% Collapse in IRS Revenue (November 18, 2021)

Robert Lindley and Wesley O’Brien (Conyers): Missing Beneficiaries: The Importance of making well documented inquiries (November 16, 2021)

Robert Lindley and Wesley O'Brien, of Conyers, has made available for download their article, “Missing Beneficiaries: The Importance of making well documented inquiries,” published in JDSUPRA. The abstract is as follows: Trusts exist for the benefit of their beneficiaries and it is to beneficiaries whom trustees owe their duties. Whether the beneficiaries have a fixed interest or not, trustees … Continue reading Robert Lindley and Wesley O’Brien (Conyers): Missing Beneficiaries: The Importance of making well documented inquiries (November 16, 2021)

Margaret Ryznar : Incentivizing Wills Through Tax (August 15, 2021)

Margaret Ryznar, of Indiana University Robert H. McKinney School of Law, has made available for download her article, "Incentivizing Wills Through Tax," published in ACTEC Forthcoming. The abstract is as follows: There have been recent calls to loosen will formalities in order to allow more people to execute wills, the importance of which has been … Continue reading Margaret Ryznar : Incentivizing Wills Through Tax (August 15, 2021)

Forbes: Why The Biden Administration Is Motivating Wealthy Families To Address Their Estate Plans (November 9, 2021)

Forbes has published an article, “Why The Biden Administration Is Motivating Wealthy Families To Address Their Estate Plans”, which discusses upcoming changes to estate tax law by the Biden administration. The article begins as follows:  Across the country one of the hardest appointments for the wealthy to get this past summer wasn’t reservations at a … Continue reading Forbes: Why The Biden Administration Is Motivating Wealthy Families To Address Their Estate Plans (November 9, 2021)

David Fowler Johnson (Winstead PC): Is There a Trustee Get Out of Jail Free Card? The Use of Exculpatory Clauses in Trust Documents in Texas – Presentation (November 8, 2021)

David Fowler Johnson, of Winstead PC, has made available for download his article, "Is There a Trustee Get Out of Jail Free Card? The Use of Exculpatory Clauses in Trust Documents in Texas - Presentation," published in JDSUPRA. The abstract is as follows: David F. Johnson presented his paper “Is There a Trustee Get Out … Continue reading David Fowler Johnson (Winstead PC): Is There a Trustee Get Out of Jail Free Card? The Use of Exculpatory Clauses in Trust Documents in Texas – Presentation (November 8, 2021)

IPB Tax: Trusts and Estates Newsletter (November 2021)

Ivins Philips Barker has made available for download their article, “Trusts and Estates Newsletter”, which highlights developments and trends in trusts and estates. The abstract is as follows: The Prospects for Tax Legislation by Hank Gutman Home Sweet Home by Leslie Wood Bradenham The Changing Landscape of Income Tax Rates Across the U.S. by Chaim … Continue reading IPB Tax: Trusts and Estates Newsletter (November 2021)

Edward Corey, Jr., Mary deLeo, Gary Rothstein, and Carlena Tapella (Weintraub Tobin LLP) : So, You’re the Trustee of an Estate…Now What? (October 28, 2021)

Edward Corey, Jr., Mary deLeo, Gary Rothstein, and Carlena Tapella, of Weintraub Tobin LLP, have made for download their article, "So, You’re the Trustee of an Estate…Now What?" published in JDSUPRA. The abstract is as follows: An essential aspect of estate planning is the Trustee, who will be tasked to carry out wishes. This is … Continue reading Edward Corey, Jr., Mary deLeo, Gary Rothstein, and Carlena Tapella (Weintraub Tobin LLP) : So, You’re the Trustee of an Estate…Now What? (October 28, 2021)

Florida Probate & Trust Litigation Blog: Can you challenge the revocation of a revocable trust on undue influence grounds? Statute says YES, 4th DCA says NO. I say … what?! (September 20, 2021)

Juan C. Antúnez, in his Florida Probate & Trust Litigation Blog, discusses the revocation of a revocable trust. The article begins as follows: In 2011 the Florida legislature passed CS/HB 325, which, among other things, amended F.S. 736.0406 to statutorily overturn a line of cases — including the 4th DCA’s opinion in MacIntyre v. Wedell, 12 So.3d 273 (Fla. 4th … Continue reading Florida Probate & Trust Litigation Blog: Can you challenge the revocation of a revocable trust on undue influence grounds? Statute says YES, 4th DCA says NO. I say … what?! (September 20, 2021)

N. Aaron Johnson (Downey Brand LLP): Unilateral Severance of Joint Tenancy Must Be Unequivocal and Irrevocable (October 26, 2021)

N. Aaron Johnson, of ([Downey Brand LLP), has made available fordownload his article, "Unilateral Severance of Joint Tenancy Must Be Unequivocal and Irrevocable," published in JDSUPRA. The article begins as follows: Can a California will sever a joint tenancy such that the decedent’s interest in real property passes per will’s terms instead of vesting in … Continue reading N. Aaron Johnson (Downey Brand LLP): Unilateral Severance of Joint Tenancy Must Be Unequivocal and Irrevocable (October 26, 2021)

Texas Fiduciary Litigator: Court Holds That Trust Owned Mineral Interests And Not The Settlor’s Wife (October 22, 2021)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses Moore v. Estate of Moore and a wife's claim to an interest in her deceased husband's oil and gas lease. The article begins as follows: In Moore v. Estate of Moore, a decedent’s wife claimed that she had an interest in an oil and gas lease formerly owned … Continue reading Texas Fiduciary Litigator: Court Holds That Trust Owned Mineral Interests And Not The Settlor’s Wife (October 22, 2021)

Probate Stars: New York Court Conducts In Depth Analysis Of Lack of Testamentary Capacity Will Contest (October 19, 2021)

Probate Stars summarizes the facts of  Matter of Falkowsky and the denial of will to probate because of a lack of testamentary capacity. In addition, the dissenting opinion that touted the benefits of valuing different kinds of evidence is analyzed. See probate sources summary by clicking– New York Court Conducts In Depth Analysis Of Lack … Continue reading Probate Stars: New York Court Conducts In Depth Analysis Of Lack of Testamentary Capacity Will Contest (October 19, 2021)

Katherine Jeffrey (Davis Wright Tremaine LLP) : Proposed Federal Tax Law Changes Affecting Estate Planning (October 21, 2021)

Katherine Jeffrey, of Davis Wright Tremaine LLP, has made available for download her article, "Proposed Federal Tax Law Changes Affecting Estate Planning," published in JDSUPRA. The abstract is as follows: The House Ways and Means Committee recently released its plan to pay for President Biden's proposed Build Back Better Act. Many of the changes to … Continue reading Katherine Jeffrey (Davis Wright Tremaine LLP) : Proposed Federal Tax Law Changes Affecting Estate Planning (October 21, 2021)

Wealth Counsel: Everyday Estate Planning and The Build Back Better Act (October 8, 2021)

Wealth Counsel has published an article on the effects of the Build Back Better Act that estate planners should be aware of to help their clients. The article begins as follows: Many estate planning attorneys are following the news about the Build Back Better Act (the Act) and how it could affect their clients. This … Continue reading Wealth Counsel: Everyday Estate Planning and The Build Back Better Act (October 8, 2021)

Current Developments in Estate Planning and Business Law: October 2021 (October 15, 2021)

According to Wealth Counsel, From the release of the Build Back Better Act to the expansion of the federal COVID-19 economic injury disaster loan program for businesses, we have recently seen significant developments in estate planning and business law. To ensure that you stay abreast of these legal changes, we have highlighted some noteworthy developments … Continue reading Current Developments in Estate Planning and Business Law: October 2021 (October 15, 2021)