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Documents on Trusts And Estates
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|Constructive Trust and Posthumous QDRO Proper Where Divorcing Parties Failed to Communicate Terms of Divorce Agreement to Retirement Plan|
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
August 19, 2014, previously published on August 2014Robinette v. Hunsecker (No. 90, Court of Appeals of Maryland, July 18, 2014), involved the intersection of a divorce and pension/retirement benefits under a retirement plan sponsored by the Husband’s employer. In terms of the underlying facts, Husband was employed by a public school system,...
|Estate Planners: Beware the Dependant Relief Claim|
Houser Henry Syron LLP;
August 19, 2014Planning and writing a Will can be a daunting task. Finding good counsel is critical to ensuring that it is drafted correctly and that the “testator’s” (the person who is making the Will) wishes are met upon their death. It may come as a surprise to some that in fact,...
|Understanding Differences in Powers of Attorney|
Sara Donnersbach; Weltman, Weinberg & Reis Co., L.P.A.;
August 18, 2014, previously published on August 8, 2014A power of attorney (POA) is the "express authority, given by a principal to an agent or attorney, allowing them to perform an action on the behalf of the principal." A general POA can be issued to any agent or attorney, allowing them to act as they see fit, while a special or limited POA...
|Choosing a Trustee for a Special Needs Trust|
Dana B. Perry; Chambliss, Bahner & Stophel, P.C.;
August 14, 2014, previously published on August 2014Choosing a trustee is one of the most important and difficult issues in creating a special needs trust (SNT). Trustees must have the necessary expertise to manage the trust, including making proper investments, paying bills, keeping accounts, and preparing tax returns. But the SNT trustee must also...
|August 2014 Estate Planning Update: Protecting Investment Properties|
Kristin M. Tyler; Gordon Silver;
August 11, 2014, previously published on August 5, 2014Owning rental properties can be profitable but can also present potential risks. These risks come in the form of potential lawsuits by tenants as well as other creditors.
|Italian Trust, Trustee, Beneficiaries and Foundations: Latest News|
Withers Bergman LLP/Withers LLP;
August 2, 2014, previously published on July 28, 2014The new Italian reporting rules affect both resident and non resident trusts, trustees, settlors, beneficiaries and foundations.
|Five Reasons Why You Need a Good Succession Plan Now|
Liza C. Moore; Foster, Swift, Collins & Smith, P.C.;
July 25, 2014, previously published on July 18, 2014Remember the old saying “failing to plan is planning to fail”? Here are five reasons why you need a good succession plan now.
|The Sky is Really Falling|
James M. Kane; Chamberlain, Hrdlicka, White, Williams & Aughtry;
July 24, 2014, previously published on July 9, 2014The advent of the early 2013 Congressional $5.0 million estate exemption also gave us a vastly more complicated income tax system that will apply to a large number of estates.
|Transitional Rules for The Wills, Estates And Succession Act|
Peter J. Glowacki, Scott Kerwin, Tamara G. Wong; Borden Ladner Gervais LLP;
July 24, 2014, previously published on July 21, 2014The Wills, Estates and Succession Act (“WESA”) came into force on March 31, 2014. The WESA is both a consolidation and a substantial overhaul of British Columbia’s legislation relating to wills and estates. Amendments to the Supreme Court Civil Rules also came into effect on March...
|Conan Doyle Estate’s Quixotic Attempt to Protect Sherlock Holmes|
Eric K. Gill; Sheppard, Mullin, Richter & Hampton LLP;
July 22, 2014, previously published on July 15, 2014Led by Judge Richard Posner, the Seventh Circuit Court of Appeals recently refused what Posner called a “quixotic” attempt to extend copyright law. While the holding was perhaps to be expected, the opinion introduced a mystery of its own: If not copyright, what will stop today’s...