Settlors often want to give their trustees peace of mind that they can administer the trust without a court looking over their shoulder and second-guessing every act they take. So, estate planners ...

Under the settlor’s original estate plan (revocable trust and associated pour-over will), upon settlor’s death, all settlor’s children were to receive equal beneficial interests under the trust. Under ...

In a recent case, the Tax Court held that “that the value of the remainder interest of a NIMCRUT must be calculated using the greater of 5% or the fixed percentage stated in the trust instrument.” ...

To continue reading this content, please enable JavaScript in your browser settings and refresh this page. How does a trustee decide how and when to make ...

Let’s say your client is the beneficiary of a family trust (meaning here a noncharitable irrevocable trust) that was created by a grandparent who made a fortune by founding a restaurant chain. The ...

David F. Powell, professor, Florida State University School of Law, and Tye J. Klooster attorney, Katten Muchin Rosenman LLP, Chicago These are the sample trust form provisions referenced in the ...

Generally, in Florida, a beneficiary must renounce her interest in a trust before she can challenge the validity of the trust instrument. This “renunciation rule” is an equitable doctrine intended to ...

When New Jersey adopted the Uniform Trust Code, in large part in 2016, it seemed to make successor trustee appointments and the filling of vacancies in the role of trustee more efficient, supporting ...

A recent real-life case demonstrated the importance of estate planners and trustees staying alert. Essentially, the founder’s (the estate planner) daughter reached maturity, and her new attorney ...

Grantor trusts are groovy. They have so many potential benefits that they are the cornerstone of many, maybe even most estate plans. Grantor trusts let you transaction business with your trust without ...

Here’s a question I get at least once a week: “I’m dealing with a trust that holds an inherited IRA. Can the trustee transfer that IRA out to the individual ...