The Tax Court, in a Memorandum Decision, found that a decedent's transfers to her son over several years were initially loans to him bu the became a series of gifts. See full opinion by clicking Estate of Mary P. Bolles v Commissioner, T.C. Memo 2020-71 (June 1, 2020).
Chuck Rubin, on his blog, Rubin on Tax, reports on Wallace v. Comprehensive Personal Care Services, Inc., 45 Fla.L.Weekly D1318a, 3rd DCA (June 3, 2020), which addresses whether a court retains the ability to remove a trustee regardless of the trust terms. His post begins as follows: An irrevocable trust included provisions for the removal … Continue reading Charles Rubin, Rubin on Tax: Court Retains Ability to Remove Trustee Regardless of the Terms of the Trust [Florida]
The Probate Stars blog reports on Demircan v. Mikhaylov,, where a Florida court applied common law to modify an irrevocable trust. Their article begins as follows: There are certain situations where an irrevocable trust can be modified under Florida law. In the May 2020 case of Demircan v. Mikhaylov, Florida’s Third District Court of Appeal … Continue reading Demircan v. Mikhaylov: Florida Court Applies Common Law To Modify Irrevocable Trust
Professors Lloyd Bonfield & Bridget Crawford have made available for download their article, Commentary on In Re Strittmater's Estate, Feminist Judgments: Rewritten Trusts and Estates Opinions (Deborah S. Gordon, Browne C. Lewis & Carla Spivack eds. Cambridge U. Press, 2020). The Abstract is as follows: This commentary on Strittmater’s Estate, 53 A.2d 205 (N.J. 1947), … Continue reading Lloyd Bonfield & Bridget J. Crawford, Commentary on In Re Strittmater’s Estate, Feminist Judgments: Rewritten Trusts and Estates Opinions (Deborah S. Gordon, Browne C. Lewis & Carla Spivack eds. Cambridge U. Press, 2020)
John C. Dernbach, Widener University Commonwealth Law School, has made available for download his article,The Role of Trust Law Principles in Defining Public Trust Duties for Natural Resources, U. Michigan J. of Law Reform (Forthcoming). The Abstract is as follows: The public trust doctrine for natural resources is based to a significant degree on longstanding … Continue reading John C. Dernbach, The Role of Trust Law Principles in Defining Public Trust Duties for Natural Resources, U. Michigan J. of Law Reform (Forthcoming)
Professors David Horton and Reid K. Weisbord have made available their forthcoming article, COVID-19 and Formal Wills, to be published in the Stanford Law Review. The Abstract is as follows: Most Americans do not have a will. The reasons are easy to understand. Thinking about death is unpleasant, and hiring a lawyer is expensive. However, … Continue reading David Horton, Reid K. Weisbord, COVID-19 and Formal Wills, Stanford Law Review (Forthcoming).
Adam Streisand, of Sheppard Mullin, has published an article, Guidance for Trustees During COVID-19 Pandemic (Apr. 17, 2020). His article begins as follows: The global health pandemic is a crisis affecting the health and well-being of our citizens, and a financial crisis of unknowable breadth and duration. We are all in crisis to one degree … Continue reading Sheppard Mullin: Guidance for Trustees During COVID-19 Pandemic (Apr. 17, 2020)
Thomas P. Gallanis has made available for download his article, How Much Trust Do Trusts Require? published by Cambridge University Press. The Abstract is as follows: How much trust, in the general sense, is required by a trust in the legal sense? The separation of management and beneficial ownership creates a risk that a trustee … Continue reading Thomas P. Gallanis, How Much Trust Do Trusts Require?
David Fowler Johnson, of Winstead, reports on In re Estate of Moore, which held that a testamentary trust did not fail because the primary beneficiary predeceased the decedent. His article begins as follows: In re Estate of Moore, a decedent executed a will that provided that the residuary of his estate would be held in … Continue reading Winstead: Court Holds That A Testamentary Trust Did Not Fail Because The Primary Beneficiary Predeceased The Decedent
The District of Columbia has passed temporary legislation allowing electronic wills due to the COVID-19. To see text of legislation, click here and look at page 41. Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.
Cheryl L. Erato has published an article on the NY T&E Litigation Blog, THE REMOTE WITNESSING OF ESTATE PLANNING DOCUMENTS DURING THE COVID-19 PANDEMIC. It summarizes the most recent Executive Order by NY Governor Cuomo regarding remote execution of estate planning documents during the Coronavirus pandemic. The key part of the Executive Order is as … Continue reading NY Updated Executive Order re Remote Witnessing of Estate Planning Documents (April 8, 2020) – Cheryl L. Erato, NY T&E Litigation Blog
By Nicole Pursley The Tax Cuts and Jobs Act of 2017 (the Tax Act) made significant changes to the United States Tax Code, with implications on virtually all areas of taxation, including some that affect fiduciaries. This article provides a broad overview of some tax implications that may be of importance to trust and estate … Continue reading Tax Reform Implications for Fiduciaries
Yi W. Stewart, on the NY Trusts Estates Litigation Blog, has written an article about obtaining disclosure of a decedent's digital assets. Her article begins as follows: Since the last post to this blog on the evolving issue of access to a decedent’s digital assets (Death and Digital Content: Protecting Digital Assets After the Death … Continue reading Stewart: The Path to Disclosure of a Decedent’s Digital Assets: Settled or Evolving?
Juan C. Antunez, in his Florida Probate Litigation Blog, discusses In Re: Estate of John E. Robinson, — So.3d —-, 2020 WL 697795 (Fla. 3d DCA February 12, 2020). That cases discusses the rule in Florida whereby, if a man dies intestate, any children he had while married are automatically considered his heirs, and entitled … Continue reading Juan C. Antunez: Are Florida’s courtroom doors closed to older Floridians seeking to establish paternity in probate proceedings, but wide open for younger adults?
Professor Barry Cushman, Notre Dame Law School, has made available for download his article, The Decline of Revocation by Physical Act, 54 Real Prop., Tr. & Est. L.J. 243 (2019). The Abstract is as follows: The power to revoke one’s will by physical act was enshrined in Anglo-American law in 1677 by the Statute of … Continue reading Cushman: The Decline of Revocation by Physical Act (Jan. 16, 2020)
Brian Corrigan, of Farrell Fritz, writes about a case where the NY Surrogote's Court awarded a non-party $40,000 in counsel fees for compliance with a subpoena. HIs article begins as follows: New York CPLR 3122(d) provides that the “reasonable production expenses” incurred by a non-party’s compliance with a subpoena shall be defrayed by the party issuing the … Continue reading Corrigan: NY Surrogate’s Court Awards a Non-Party $40,000 in Counsel Fees for Complying with a Subpoena Requiring Production of ESI
Sharon Klein, President, Family Wealth, Eastern US Region, Wilmington Trust, NA, has made available for download her article, which was recently published in the New York Law Journal’s Special Trusts & Estates Section: N.Y.’s Top 10 Developments, Lessons and Reminders. This article includes Ms. Klein’s pick of the top ten 2019 developments affecting those in New … Continue reading Sharon Klein, Wilmington Trust: N.Y.’s Top 10 Developments, Lessons and Reminders
Sharon Klein, President, Family Wealth, Eastern US Region, Wilmington Trust, NA, has made available for download her article, The State of the States, published in Trusts & Estates (Jan. 2020). The Abstract is as follows: This article provides an overview of some key state-level planning developments across the U.S., including:• Latest estate and gift tax … Continue reading Sharon Klein, Wilmington Trust: The State of the States (Jan. 2020)
Professor Gerry W. Beyer, of Texas Tech School of Law, has made available for download his article, Beyer: Texas Estate Planning Judicial Update: End of 2019 Edition. The Abstract is as follows: This article discusses recent judicial developments (last half of 2019) relating to the Texas law of intestacy, wills, estate administration, trusts, and other … Continue reading Beyer: Texas Estate Planning Judicial Update: End of 2019 Edition
Robert Barton & Vivian M. Rivera, of Holland & Knight, report on new California legislation that impacts estate planning in 2020. Their article begins as follows: California Gov. Gavin Newsom recently signed into law a number of bills that will affect Trust and Estate attorneys, and which are effective as of Jan. 1, 2020.This Holland … Continue reading Holland & Knight: New California Legislation for Trust and Estate Attorneys to Watch in 2020