Recently, beneficiaries of an irrevocable life insurance trust (ILIT) in Florida sued the attorney serving as counsel for the trustee. Bain v. McIntosh presented courts with the argument that the trustee's attorney also had a fiduciary duty to the beneficiaries of the trust.
With the number of remarriages and blended families growing nationally, the chances of an inheritance dispute might grow as well. How are assets treated in probate litigation? Probate litigation in Florida is regulated by the Florida Probate Code.
Virginia recently became the first state in the country to pass legislation protecting an individual's post-mortem digital privacy. Virginia's laws might become a model for other states. What exactly do the new laws provide?
Guardianship laws can help to ensure that adequate care is provided for a minor, an incapacitated adult, or a special needs individual. Florida lawmakers proposed the founding of a new agency exclusively dedicated to guardian supervision.
Grantors who establish a revocable living trust should be aware of several issues that can arise with creation of a living trust, including special requirements for grantors who become disabled, unique tax rules, and the importance of regular maintenance.
Refusing an inheritance in New York requires a specific process; this process differs from state to state. Not only will the disclaimer need to comply with state law, but it will need to satisfy federal law requirements as well.
Research in the past year has shown a growing trend in charitable giving, particularly among the wealthy. Both cash and non-cash donations to charitable organizations offer tax benefits to the donor. However, non-cash donations (also referred to as in-kind gifts) involve a unique set of rules
An important issue that contemporary estate planning should address is digital assets. One of the recurring challenges with digital accounts is that they ultimately are controlled by the Terms of Service or User Agreements associated with each individual service.