Trusts & Estates

  • New York Law Journal

    Hostility as a Basis for Removal of a Fiduciary Without a Hearing

    By C. Raymond Radigan and Jessica M. Baquet | July 5, 2023

    Where a fiduciary's behavior clearly demonstrates entrenched hostility toward beneficiaries or a co-fiduciary, summary removal has been held appropriate.

    6 minute read

  • The Legal Intelligencer

    What's Inside: The Value of a Gift and Maximizing Gifting Strategies

    By Lisa S. Presser and Brian M. Balduzzi | July 3, 2023

    With the $12.92 million lifetime estate and gift tax exemption and the $17,000 annual gift tax exclusion being at all-time highs and indexed for inflation, many advisers are recommending families review their willingness and ability to develop an annual gifting plan and implement more substantial gifting strategies.

    9 minute read

  • New York Law Journal

    Mucked-Up CRUTs and CRATs—Scrivener's Error Fix Up

    By Conrad Teitell | June 23, 2023

    Sometimes a trust can be reformed because the trust's disqualification resulted from a "scriveners" error. And that's more than a typo, as the below situations illustrate.

    13 minute read

  • Texas Lawyer

    'Imagine My wonder': Court Disgorges $29M Trust

    By Adolfo Pesquera | June 16, 2023

    "After 20-plus years of trusting you to manage my retirement, my inheritance, my investments, my car, my home in El Paso and most recently my Social Security and Scripps pension; to ultimately be at your mercy with no home of my own," Frank Ahlgren Jr. said.

    5 minute read

  • Daily Business Review

    Stinson Expands Into Southeast With New Tampa Office

    By Alexander Lugo | June 15, 2023

    "People from Minneapolis, Minnesota; Kansas City and from the middle of the country, they move to the west coast of Florida when they come to Florida," said Marc Weintraub, a partner at the Am Law 200 firm. "It's the right place to be for the connectivity that Stinson has with its Midwestern client base."

    3 minute read

  • New York Law Journal

    The Gallo Exemption: What It Is and Why You Should Know About It

    By Joseph T. La Ferlita and Nicholas G. Moneta | June 14, 2023

    While the scope of the Gallo exemption is narrow, some of those trusts to which it applies are still in existence. The practitioner should realize that certain modifications of a Gallo exempt trust, including, for example, modifications via a decanting or court proceeding, could inadvertently trigger a GST tax.

    8 minute read

  • New York Law Journal

    Trusts, Escrows and Property of the Estate (or Not)

    By Barbara M. Goodstein | June 7, 2023

    The assets available to secured creditors in a debtor's bankruptcy proceeding must constitute "property of the estate" within the meaning of section 541(a)(1) of the U.S. Bankruptcy Code. However, creditors can sometimes find assets of a debtor outside the realm of a bankruptcy debtor's estate based on certain pre-bankruptcy arrangements. Examples of those arrangements are trusts and escrows. This column discusses two recent cases, "Markel Insurance Company v. Origin Bancorp, Inc.," and "In re: Urban Commons 2 West LLC," where federal courts held that a trust and escrow arrangement, respectively, were each insufficiently structured to protect the related assets from claims of creditors of the bankrupt debtor.

    9 minute read

  • New Jersey Law Journal

    An Automobile Is a Non-Probate Asset

    By Law Journal Editorial Board | June 4, 2023

    Making it easier for the owners of motor vehicles to pass the vehicles to their heirs at death without the necessity of a formal estate administration is an excellent idea.

    3 minute read

  • New York Law Journal

    From Season to Season, Decisions Abound for Trusts and Estates Field

    By Ilene Sherwyn Cooper | June 2, 2023

    As the summer months approach, and the winter and spring seasons leave their trail behind, we consider the many instructive opinions rendered by the Surrogate and Appellate courts affecting the field of trusts and estates.

    10 minute read

  • New York Law Journal

    Decision of the Day: Court Grants Petition to Revoke Letters Of Administration, Remove Administrator

    By ALM Staff | June 2, 2023

    This ruling was selected and summarized by the New York Law Journal's decision editors. 

    2 minute read

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