An individual retirement account (IRA) is typically established in one of two ways. As a custodial account, where the bank or financial institution is simply acting as a fiduciary and must follow the directions of the account owner (including the instruction to cash out the entire balance). An IRA can also be held in trust (the […]
What You Need to Know about Minnesota’s UTC Part III: The Trustee’s Duty to Inform and Silent Trusts
May 11, 2015
This is the third post in a series discussing different aspects on Minnesota’s new statute, the Uniform Trust Code (UTC), which becomes effective January 1, 2016. While this series will be useful information for all Epilawg readers, it is geared towards those readers that are attorneys, fiduciaries and their clients. See Part I here and […]
What You Need to Know about Minnesota’s Uniform Trust Code Part II: Trust Administration Involving Co-Trustees
April 27, 2015
This is a second post in a series discussing different aspects on Minnesota’s new statute, the Uniform Trust Code (UTC), which becomes effective January 1, 2016. While this series will be useful information for all Epilawg readers, it is geared towards those readers that are attorneys, fiduciaries and their clients. As noted in my […]
What You Need to Know about Minnesota’s Uniform Trust Code Part I: Dual-Track Jurisdiction
April 2, 2015
This is a first in a series of posts discussing different aspects on the new statute, Minnesota’s Uniform Trust Code (UTC), which becomes effective January 1, 2016. While this series will be useful information for all Epilawg readers, it is geared towards those readers that are attorneys, fiduciaries and their clients. At long last, Minnesota […]
Minnesota and the UTC
February 19, 2015
The 2015 Minnesota Legislature may adopt the Uniform Trust Code. The proposed legislation would provide new rules regarding the administration of trusts, codify some common laws and clarify procedures available to those involved with the administration of trusts. Take a look at this review on JD Supra that outlines the changes and impact that the proposed legislation will have […]
To Amend or Just Start Over?
February 3, 2015
If you have a current estate plan, as you know, we recommend that you review it on a regular basis. If there are changes that need to be made, it can be done through an amendment or codicil or through drafting the plan from scratch. Clients often think it is easier (and cheaper) to do […]
Privacy and your estate plan
January 19, 2015
The British government announced recently that 4 million historical wills have been digitized and are now available for download by the public. As in the United States, these documents were previously available by traveling to the probate court and searching the available public records. Now anyone with an internet connection and a credit card can […]
5 Lessons from Kindergarten to Ease Estate Administrations
October 7, 2014
Unfortunately no matter how close a family might seem, it always has the potential to endure disputes between members either during everyone’s lifetimes or after someone has passed away. The fights can get ugly and feelings can get hurt. But often the disputes could have easily been avoided, or resolved, if individuals remembered the lessons […]
Robin Williams’ Estate: Subject to California Probate?
August 19, 2014
As everyone mourns the death of Robin Williams and reflects on his tremendous talents, we estate planning attorneys can’t help but wonder, did Robin Williams do any estate planning? It is apparent that Robin Williams had a very successful career. What is unclear is the true value of his estate. Some reports indicate that Robin […]
Mother’s Day “must read” article
May 12, 2014
I have recommended Deborah Jacob’s in the past, but Advice for New Mothers – and Procrastinators is spot on. Covering all of the important estate planning issues for young parents, her advice mimics many of the suggestions I give to clients who have minor children. She provides an option for parents who cannot decide on a guardian, links to the Mummy Manual (an example of […]
Estate Planning Myth #9: Trusts? Trusts are for billionaires
May 8, 2014
Sure, billionaires may have trusts for charitable gifting, inter-generational wealth transfer, and asset protection purposes, but for many families, trusts assist in more mundane circumstances, too. They can be useful tools for managing judicial awards or settlements from law suits. Leaving all assets outright to 18 year olds – even if these assets are not […]