» Succession

Can a Trustee Just Ignore the Terms of a Trust?

Michigan law makes it clear that it is part of a trustee’s fiduciary duty to follow the terms of a trust, including those that relate to administering the trust assets, distributing them in accordance with the directives of the trust, and paying an… Read More
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States Race to the Bottom with Trust Laws

In the U.S. each individual state has wide latitude to determine its own laws for handling trusts. Many are concerned that a small handful of states are using that latitude to race to the bottom. Delaware has long been known for having trust-friendly… Read More
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Holding a Trustee Liable

One of the reasons that trusts are an effective estate planning tool is that the trustee is legally required to act in the best interests of the beneficiaries. However, it is increasingly difficult to hold trustees liable when they do not do so. Trus… Read More
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Publicity Rights When a Celebrity Passes Away

Intellectual property rights are mostly determined by federal law and international agreements. When a copyright holder passes away, it makes little difference where he or she lived. However, publicity rights, which govern who can use a person’s im… Read More
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Blended Family Financial Difficulties

When a parent gets remarried there is likely to be tension between the new spouse and the children from previous relationships. Much of that tension can be eased by ensuring the family finances are properly handled. On television and in movies blende… Read More
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Paper Claims to Have Identified Prince’s Son

If a California newspaper is correct, then dividing up Prince’s estate will be much easier than previously thought. The paper claims that DNA tests have proven that Prince has a son. Recently, the Minnesota probate judge overseeing the Prince estat… Read More
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Redstone’s Granddaughter Files Suit

Sumner Redstone’s granddaughter has joined the ongoing legal battle over his competency and business interests. She has filed a lawsuit to have herself reinstated to the family trust. The ongoing Massachusetts probate court battle over the competen… Read More
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Retirement Accounts Limit Time for Heirs to Make Decisions

Beneficiaries of retirement accounts face big decisions and limited time. Inheriting spouse has many options and limited time to decide as recently discussed by Market Watch in “Inheriting a retirement account? Lump sum payouts can be costly.” Th… Read More
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Estate Planning for Alzheimer’s Disease

Good estate planning does not just concern itself with what happens to your assets after you pass away. It also takes into account the things that you might need at the end of your life, including the possibility of getting Alzheimer’s disease. Obv… Read More
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New Medicare Law Could Save Patients Money

Because of a quirk in Medicare’s reimbursement policy some patients have been hit with thousands of dollars in unexpected out-of-pocket expenses. A new law does not fix the quirk, but it at least mandates that patients must be notified before the c… Read More
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