United States: Trusts

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Article
When The Court Shifts More Than The Blame: Fiduciaries And The Risk Of Personal Fee Liability Under TEDRA
Washington State's Trust and Estate Dispute Resolution Act (TEDRA) grants courts broad discretion to shift attorneys' fees in trust and estate litigation, potentially exposing fiduciaries to personal liability when their conduct breaches fiduciary duties or unnecessarily prolongs disputes. Understanding the circumstances under which courts may order personal fee awards is essential for trustees, personal representatives, and beneficiaries navigating these complex disputes.
United States Litigation
Sr
Stokes Lawrence, P.S.
Article
Caregiver Inheritances: When A Late-In-Life Change To A Will Raises Red Flags
When an aging parent leaves a significant portion of their estate to their caregiver, families often question whether the bequest reflects genuine intent or undue influence. Washington courts have recently addressed this tension, upholding legitimate caregiver inheritances while also recognizing red flags that warrant closer scrutiny, including isolation, control over legal processes, cognitive decline, and dramatic departures from long-standing estate plans.
United States Family
Sr
Stokes Lawrence, P.S.
Article
A Practical Guide To TEDRA: Resolving Trust And Estate Disputes In Washington
Washington State's Trust and Estate Dispute Resolution Act (TEDRA) offers a flexible, efficient framework for resolving trust and estate conflicts without full-scale litigation. This comprehensive guide examines TEDRA's procedural mechanisms, dispute resolution tools, and practical applications for fiduciaries, beneficiaries, and legal practitioners navigating estate-related disputes.
United States Family
Sr
Stokes Lawrence, P.S.
Article
When The Marriage Ends But The Trust Doesn’t: Untangling Trusts In Divorce
When a trust beneficiary's marriage ends in divorce, those same trusts designed to preserve wealth can become sources of friction and financial disparity. Washington State courts must make a "just and equitable" division of property while considering each party's economic circumstances, including trust interests that may not be divisible but significantly impact financial realities.
United States Family
Sr
Stokes Lawrence, P.S.
Article
Estate Planning For Digital Assets Under New Jersey Law
As personal and financial lives increasingly move online, estate planning must evolve to address digital assets ranging from email accounts and social media profiles to cryptocurrency and cloud-stored business records. Without proper planning, these assets can become inaccessible or lost upon incapacity or death, creating legal, financial, and emotional complications for loved ones and fiduciaries.
United States Family
SH
Scarinci Hollenbeck LLC
Article
Global Forces Reshaping Modern Succession And Wealth Transfer
The international landscape for estate and succession planning is being reshaped by unprecedented demographic shifts, evolving family structures, and the rise of digital wealth. As tens of trillions of dollars prepare to transfer between generations globally, legal practitioners must navigate an increasingly complex environment where traditional inheritance laws intersect with same-sex marriage recognition, assisted reproductive technologies, cryptocurrency holdings, and competing jurisdictional tax regimes
United States Family
WL
Withers LLP
Article
Connecticut’s Evolving Landscape For Estate And Trust Planning
Connecticut has transformed into a trust-friendly jurisdiction through comprehensive statutory reforms, including the Uniform Trust Code, Directed Trust Act, and extended perpetuities period allowing trusts to last 800 years. How do these modern trust-planning tools balance with Connecticut's rigorous estate tax regime and the state's position as the only jurisdiction imposing both estate and gift taxes?
United States Family
WL
Withers LLP
Podcast
Ep. 66 – The Lifecycle Of Art Ownership: Key Legal, Tax, And Practical Considerations For Collectors (Podcast)
Michael Clear and Kenley Stark explore the intricate legal, financial, and logistical challenges that art collectors encounter throughout the entire lifecycle of ownership. From acquisition documentation and title verification to insurance, storage, and eventual transfer, they reveal the sophisticated planning required to protect both the artwork and the collector's investment.
United States Wealth Mgt
WD
Wiggin & Dana
Article
Pet Trusts In New Jersey And New York: A Practical Estate Planning Tool
For pet owners who consider their animals family members, a pet trust provides a legally enforceable mechanism to ensure continued care if the owner becomes incapacitated or dies. Both New Jersey and New York now explicitly authorize these arrangements, allowing funds to be set aside and trustees to be appointed with enforceable duties to act in the animal's best interests.
United States Family
SH
Scarinci Hollenbeck LLC
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