Goulston & Storrs PC: Probate & Fiduciary Litigation Newsletter – September & October 2021 (September 30, 2021)

Sarah Eberspacher, Charles Jacob III, Marshall Senterfitt, & Mark Swirbalus of Goulston & Storrs PC, have made available for download their article, “Probate & Fiduciary Litigation Newsletter - September & October 2021”, published in JDSUPRA. The abstract begins as follows: If the decedent trust beneficiary is a New York resident at the time of death, … Continue reading Goulston & Storrs PC: Probate & Fiduciary Litigation Newsletter – September & October 2021 (September 30, 2021)

Charles E. Rounds, Jr. (Suffolk University Law School): Whether nonfiduciary trusts and quiet trusts are true trusts (October 1, 2021)

Charles E. Rounds, Jr., of the Suffolk University Law School, has made available for download his article, "Whether nonfiduciary trusts and quiet trusts are true trusts", published in JDSUPRA. The abstract is as follows: A trust is a fiduciary relationship with respect to property, one that imposes enforceable duties on the titleholder, in this case … Continue reading Charles E. Rounds, Jr. (Suffolk University Law School): Whether nonfiduciary trusts and quiet trusts are true trusts (October 1, 2021)

Holland & Knight Alert: House Ways and Means Committee Tax Plan Proposes Changes to Estate Planning (September 29, 2021)

Katharine G. Griffiths, William R. Mureiko, Sarah W. Marks, and William R. Lane Jr. of Holland & Knight LLP, have made available for download their article, “House Ways and Means Committee Tax Plan Proposes Changes to Estate Planning” published as a Holland & Knight Alert. The article begins as follows: The House Committee on Ways … Continue reading Holland & Knight Alert: House Ways and Means Committee Tax Plan Proposes Changes to Estate Planning (September 29, 2021)

Maguire Woods: Build Back Better Act (September 24, 2021)

Sabrina N. Conyers, Durham C. McCormick Jr., Jon G. Neal, Gerald V. Thomas II, Ashlin C. Aldinger, Janelle N. Darnell, and Vianca R. Simpson, of Magure Woods, have made available for download their article, “Build Back Better Act”, published on Maguire Woods. The article begins as follows: On Sept. 15, 2021, the Ways and Means … Continue reading Maguire Woods: Build Back Better Act (September 24, 2021)

Texas Fiduciary Litigator: Corporate Trustee’s Statements May Suffice For a Statutory Accounting (September 22, 2021)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses the Texas Trust Code Section 113.151. Trust beneficiaries often request a corporate trustee to prepare a statutory accounting. The Texas Trust Code in Section 113.151 provides that a beneficiary may request a written statement of accounts. Tex. Prop. Code 113.151. Regarding what information needs to … Continue reading Texas Fiduciary Litigator: Corporate Trustee’s Statements May Suffice For a Statutory Accounting (September 22, 2021)

James Thomson: South Dakota Supreme Court Limits Ability of Trust Beneficiaries to Sue on Behalf of Trust (August 26, 2021)

James Thomson, of Lathrop GPM, has made available for download his article, "South Dakota Supreme Court Limits Ability of Trust Beneficiaries to Sue on Behalf of Trust”, published in JDSUPRA. The abstract is as follows: In a recent opinion, the South Dakota Supreme Court held that trust beneficiaries lacked standing to bring claims against a … Continue reading James Thomson: South Dakota Supreme Court Limits Ability of Trust Beneficiaries to Sue on Behalf of Trust (August 26, 2021)

IBP Tax: House Ways & Means Committee Takes Aim at Exemption Amounts, Valuation Discounts & Grantor Trusts (September 17, 2021)

Ivins Philips Barker has made available for download their article, "House Ways & Means Committee Takes Aim at Exemption Amounts, Valuation Discounts & Grantor Trusts", which discusses important updates from the House Ways & Means Committee. The abstract is as follows: The following are the most important proposals affecting high-net-worth individuals: For decedents dying and … Continue reading IBP Tax: House Ways & Means Committee Takes Aim at Exemption Amounts, Valuation Discounts & Grantor Trusts (September 17, 2021)

Winstead PC: Tax Proposals of the House Ways and Means Committee: Reconciliation Bill to Target Trusts, Estates, and the Wealthy (September 20, 2021)

Winstead PC has made available for download their article, “Tax Proposals of the House Ways and Means Committee: Reconciliation Bill to Target Trusts, Estates, and the Wealthy”, published in JDSUPRA. The abstract is as follows: On Sunday, September 12, 2021, the House Ways & Means Committee (the "Committee") released draft legislation as part of Congress' … Continue reading Winstead PC: Tax Proposals of the House Ways and Means Committee: Reconciliation Bill to Target Trusts, Estates, and the Wealthy (September 20, 2021)

Texas Fiduciary Litigator: Texas Court Does Not Have Personal Jurisdiction Over A Trustee Of A Trust with Texas Timber Rights (August 27, 2021)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses JPMorgan Chase Bank, N.A. v. Campbell, and its dispute over personal jurisidction. The article beings as follows: In JPMorgan Chase Bank, N.A. v. Campbell, a member of a limited partnership sued other partners, including a trustee of a trust, to dissolve the partnership. No. 09-20-00161-CV, 2021 Tex. … Continue reading Texas Fiduciary Litigator: Texas Court Does Not Have Personal Jurisdiction Over A Trustee Of A Trust with Texas Timber Rights (August 27, 2021)

Carlena Tapella (Weintraub Tobin): Don’t Skimp On The Facts – Failure Of Fiduciaries To Make Full Disclosure Of Matters Set Forth In An Accounting May Be Considered Fraud (September 21, 2021)

Carlena Tapella, of Weintraub Tobin, has made available for download her article, Don’t Skimp On The Facts – Failure Of Fiduciaries To Make Full Disclosure Of Matters Set Forth In An Accounting May Be Considered Fraud, published in JDSUPRA. The abstract is as follows: In the recently published case of Hudson v. Foster, 2021 Cal.App. LEXIS … Continue reading Carlena Tapella (Weintraub Tobin): Don’t Skimp On The Facts – Failure Of Fiduciaries To Make Full Disclosure Of Matters Set Forth In An Accounting May Be Considered Fraud (September 21, 2021)

Beckett Cantley and Geoffrey Dietrich: The U.S. Supreme Court In Kaestner: Deciphering the Constitutionally Required Minimum Contacts Necessary for State Taxation of Trust Income (June 24, 2021)

Beckett Cantley and Geoffrey Dietrich, of Northeastern University and Cantley Dietrich LLC, have made available for download their article, The U.S. Supreme Court In Kaestner: Deciphering the Constitutionally Required Minimum Contacts Necessary for State Taxation of Trust Income, published in Virginia Law & Business Review. The abstract is as follows: As far back as 1929, … Continue reading Beckett Cantley and Geoffrey Dietrich: The U.S. Supreme Court In Kaestner: Deciphering the Constitutionally Required Minimum Contacts Necessary for State Taxation of Trust Income (June 24, 2021)

Texas Fiduciary Litigator: A Limitation-Of-Liability Clause May or May Not Be Enforceable For Breach Of Fiduciary Duty Claims (June 29, 2021)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses limitation-of-liability clauses in numerous different cases. The article beings as follows: Parties often add limitation-of-liability clauses to their agreements. These types of clauses can purport to limit a party’s claims or damages or both.  Damage-limitation clauses can take many different forms. For example, such a clause … Continue reading Texas Fiduciary Litigator: A Limitation-Of-Liability Clause May or May Not Be Enforceable For Breach Of Fiduciary Duty Claims (June 29, 2021)

Beckett Cantley and Geoffrey Dietrich: The U.S. Supreme Court in Kaestner: Deciphering the Constitutionally Required Minimum Contacts Necessary for State Taxation of Trust Income (June 15, 2021)

Beckett Cantley and Geoffrey Dietrich, of Northeastern University and Cantley Dietrich LLC, respectively, have made available for download their article, “The U.S. Supreme Court in Kaestner: Deciphering the Constitutionally Required Minimum Contacts Necessary for State Taxation of Trust Income”, published in the Virginia Law & Business Review, volume 15. The abstract is as follows: As … Continue reading Beckett Cantley and Geoffrey Dietrich: The U.S. Supreme Court in Kaestner: Deciphering the Constitutionally Required Minimum Contacts Necessary for State Taxation of Trust Income (June 15, 2021)

The WealthCounsel: Current Developments in Estate Planning and Business Law (September 2021)

Taxpayers Granted Extension to Elect out of Automatic Allocation of GST Exemption I.R.S. Priv. Ltr. Rul. 2021-33-007 (Aug. 20, 2021) Takeaways: Although the IRS granted the taxpayers an extension to elect out of the automatic allocation of the GST exemption, the couple may not be as gracious to their attorney or accountant, who could be liable … Continue reading The WealthCounsel: Current Developments in Estate Planning and Business Law (September 2021)

Texas Fiduciary Litigator: Shareholder Agreements Are Very Powerful in Texas: Parties Should Carefully Review Those Agreements Before Obtaining Stock in a Corporation (August 20, 2021)

David Fowler Johnson, in his Texas Fiduciary Litigator Blog, discusses Ritchie v. Rupe, 443 S.W.3d 856, 871 (Tex. 2014). (a) The shareholders of a corporation may enter into an agreement that: (1) restricts the discretion or powers of the board of directors; (2) eliminates the board of directors and authorizes the business and affairs of the … Continue reading Texas Fiduciary Litigator: Shareholder Agreements Are Very Powerful in Texas: Parties Should Carefully Review Those Agreements Before Obtaining Stock in a Corporation (August 20, 2021)

KPMG: Ways and Means announces first part of budget reconciliation markup, includes qualified plan proposals (September 7, 2021)

KPMG has made available for download their article, “Ways and means announces first part of budget reconciliation markup, includes qualified plan proposals”, which discusses the recent announcement made by House Ways and Means Committee Chairman Richard E. Neal (D-MA) . The abstract is as follows: House Ways and Means Committee Chairman Richard E. Neal (D-MA) today … Continue reading KPMG: Ways and Means announces first part of budget reconciliation markup, includes qualified plan proposals (September 7, 2021)

Gerry W. Beyer: Summary of Changes Made By the 2021 Texas Legislature (July 5, 2021)

Gerry W. Beyer, of Texas Tech University School of Law, has made available for download his article, “Summary of Changes Made By the 2021 Texas Legislature”. The abstract is as follows: This article reviews the highlights of the legislation enacted by the 2021 Texas Legislature relating to the Texas law of intestacy, wills, estate administration, … Continue reading Gerry W. Beyer: Summary of Changes Made By the 2021 Texas Legislature (July 5, 2021)

Matthew Brown: A Summary of Recent Legislative Developments in the BVI: Trusts, Succession, Data Protection and Consumer Protection (August 19, 2021)

Matthew Brown of Conyers, has made available for download his article, "A Summary of Recent Legislative Developments in the BVI: Trusts, Succession, Data Protection and Consumer Protection," published on JDSUPRA. The abstract begins as follows: On 9 July 2021, a number of important pieces of legislation were brought into force in the BVI on the … Continue reading Matthew Brown: A Summary of Recent Legislative Developments in the BVI: Trusts, Succession, Data Protection and Consumer Protection (August 19, 2021)

Maurits S. Berger: The Last Sharīʿa Court in Europe: On Molla Sali v. Greece (ECHR 2018) (2020)

Maurits S. Berger, of Leiden University, has made available for download his article, “The Last Sharīʿa Court in Europe: On Molla Sali v. Greece”, published in the Journal of Islamic Law, Volume 1. The abstract is as follows: On its face, the ruling in Molla Sali v. Greece (European Court of Human Rights 2018) was … Continue reading Maurits S. Berger: The Last Sharīʿa Court in Europe: On Molla Sali v. Greece (ECHR 2018) (2020)

KPMG: U.S. Tax Court: Treaty provisions do not allow foreign tax credit offset against net investment income tax (August 16, 2021)

KPMG has made available for download their article, “Treaty provisions do not allow foreign tax credit offset against net investment income tax”, which contains the opinion of the U.S. Tax Court in the case of Toulouse v. Commissioner, 157 T.C. No. 4 (August 16, 2021). The abstract is as follows: The taxpayer (a U.S. citizen residing in … Continue reading KPMG: U.S. Tax Court: Treaty provisions do not allow foreign tax credit offset against net investment income tax (August 16, 2021)