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Trustee Authority to Decant

Posted on: May 19th, 2017
In some circumstances, a trustee's fiduciary duty might oblige them to decant the trust; if the trust document does not clearly provide for decanting, the trustee must determine whether they have authority to decant the trust....

Taxation of Trusts and Estates in Probate

Posted on: May 18th, 2017
Income and estate tax implications vary for each estate depending on whether the decedent had a trust in place and, if so, the nature of the trust. Where the decedent transferred assets to a revocable living trust prior to death, one or more fiduciary income tax returns might be required to report income earned by assets in the estate and/or trust after death. ...

5 Probate Emergencies

Posted on: May 17th, 2017
While some may be tempted to regard estate administration as a checklist, the unique and often unanticipated circumstances that might manifest during probate require careful consideration to ensure that all requirements have been met prior to closing the estate....

Do You Need a Lawyer to Probate a Will?

Posted on: May 12th, 2017
Executors are not legally required to retain a lawyer for estate administration. Many state-provided resources are available to executors. However, when an executor chooses to manage the probate process independently, they increase their chance of errors....

How to Supplement the Protection of Collectible Art

Posted on: May 11th, 2017
The preservation and resources needed to properly maintain collectibles pose distinctively different challenges and liabilities compared to real property, mutual funds, and assets outside of the art world....

20-Year Anniversary of Domestic Asset Protection Trusts

Posted on: May 10th, 2017
Alaska first enacted statutes for DAPTs in 1997. Other states have passed similar legislation since then. One fact has remained constant: No creditor has collected a judgment or settlement against a debtor....

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