«Legal Fees: Getting Paid - Preferably by the Estate, Trust or the Other Guy,» Representing
Estate and Trust Beneficiaries and Fiduciaries, American Law Institute / American Bar Association (2012)
Not exact matches
Actions that are considered Centennial Planned Gifts include making
estate plans through a will or a living
trust; creating a charitable remainder
trust and naming the Business School as the remainder
beneficiary; entering into a charitable gift annuity agreement with the School; naming Columbia as the
beneficiary of a life insurance policy or retirement plan; or establishing a donor - advised fund at Columbia.
Irrevocable
trust designed to exclude life insurance proceeds from the deceased's taxable
estate while providing liquidity to the
estate and / or the
trusts»
beneficiaries
Your
estate plan should include instructions for «funding your living
trust» as well as guidance for completing your
beneficiary designations on life insurance
and other investment accounts.
The
trust system was created to allow a separate entity (from the individual) to hold
estate assets
and pass them to
beneficiaries, creating a successful way to avoid probate.
A
trust helps ensure the successful transfer of your
estate to your heirs
and beneficiaries.
To get the death benefit out of your
estate and avoid this problem, consider having your spouse, significant other, or an irrevocable
trust own the policy
and also be the
beneficiary.
Estate and Trust Planning can provide financial security during your retirement years
and ensure your intended
beneficiaries receive what you planned for them.
A charitable lead
trust (CLT) designates a rate of return or income to be paid to the charity over a specified time period
and is more commonly used for
estate tax planning because the balance of the
estate assets will pass to
beneficiaries free of
estate taxes upon expiration of that time period.
For example, if a bypass
trust is originally funded with assets worth $ 1 million dollars at your death
and appreciates in value to $ 2 million dollars at the time of your surviving spouse's death, then the additional $ 1 million dollars of appreciation is also passed to the disclaimer
trust beneficiaries free of
estate taxes.
If you've taken additional steps on your
estate plan beyond your
beneficiary designations — for example, you've drafted wills
and trusts — make sure your
beneficiary designations sync up with the other aspects of your plan.
Given the low income threshold for
trusts and estates, one planning consideration is to distribute out as much of the NII to
beneficiaries.
And because the trust is irrevocable and is the owner and beneficiary of your policy, the proceeds escape estate taxes in most cas
And because the
trust is irrevocable
and is the owner and beneficiary of your policy, the proceeds escape estate taxes in most cas
and is the owner
and beneficiary of your policy, the proceeds escape estate taxes in most cas
and beneficiary of your policy, the proceeds escape
estate taxes in most cases.
Distribution rules become more complex when multiple
beneficiaries are designated
and when the IRA is left to an
estate or a
trust.
If an
estate is larger
and therefore vulnerable to federal or state
estate tax exposure, an irrevocable
trust may be used to provide liquidity for the
estate without being subject to
estate taxes by owning the policy
and being designated as the
beneficiary upon the death of the insured.
In simpler
estate plans where there is no federal
estate tax issue, it may just be easier to designate your spouse as a primary
beneficiary and perhaps your
trust or adult children as a contingent
beneficiary.
Estates and trusts generally distribute their Idaho income to their
beneficiaries, who pay the Idaho tax on their individual income tax returns.
You control all aspects of the
estate's administration — from identifying, managing,
and protecting the assets — until they are distributed to the
beneficiaries, or placed in a
trust.
They allow assets held in the
trust to pass directly to
beneficiaries without probate court proceedings
and can also reduce federal
estate taxes.
Examples of
estate and planned giving instruments include wills
and living
trusts, life insurance or retirement
beneficiary designations or gifts of appreciated stock.
Examples of
estate and planned giving instruments include wills
and living
trusts, life insurance or retirement
beneficiary designations, charitable gift annuities, charitable remainder
trusts, charitable lead
trusts and life
estate in personal residence or farm.
At the end of the
trust's term, all remaining
trust assets are distributed to your designated
beneficiaries with greatly reduced gift
and estate tax, regardless of how much the
trust has grown.
A # 55 million landed
estate involving the death of a husband
and wife in quick succession, heritage relief claims, re-financing
and a negotiated settlement of potential claims against the
estate and claims from potential
beneficiaries of discretionary
trusts.
In the
trust and estate litigation arena, he represents corporate trustees, individual trustees, personal representatives,
and beneficiaries in disputes involving breaches of fiduciary duty, dissipation of
trust or
estate assets,
and claims of lack of testamentary capacity, undue influence
and fraud.
His
trust and estate litigation practice includes representing corporate trustees, individual trustees, personal representatives
and beneficiaries in disputes involving breaches of fiduciary duty, dissipation of
trust or
estate assets,
and claims of lack of testamentary capacity, undue influence
and fraud.
The firm also mediates
estate and related disputes
and has a string of clients including major
trust companies, lawyers, doctors, family members,
beneficiaries,
and fiduciaries.
An
estate trustee stands in a fiduciary (i.e.
trust) position
and, as such, is required to show good faith in dealing with the
beneficiaries and others.
Advising financial institutions concerning
estates,
beneficiary claims,
estate litigation
and their role as trustees pursuant to
trusts, wills, dependent adult orders
and as attorneys pursuant to enduring powers of attorney.
His
trust and estate litigation practice includes representing corporate trustees, individual trustees, personal representatives
and beneficiaries in disputes involving breaches of...
As I also practice
estates and trusts law, I assist individuals who may find themselves in the untenable position of being both a successor trustee
and / or
beneficiary of a loved one's
trust and also a debtor in a bankruptcy case.
Other advantages of a Living
Trust are (1) control over how
and when your
beneficiaries will receive your assets,
and (2) ability to change your
estate plan without the formality of a Will.
So they will need to set up an
estate plan to ensure these assets are managed by people they can
trust and distribute to
beneficiaries in case of death or disability.
She is the executor of the
Estate, a
beneficiary under the Will
and also the owner in fee simple of the Richmond Property which Mr. T. Terezakis claims she holds in
trust for the
Estate, an allegation which Ms. Ekins vigorously disputes.
A basic
estate plan is an
estate plan that includes legal documents which, together with proper nonprobate asset
beneficiary designations, are likely to address the
estate planning needs of most people, but which avoid the complexities of drafting
and enforcing a
trust.
Represented a
trust and estate beneficiary in a lengthy trial asserting undue influence
and related claims against the defendant.
Both sides cited cases which stand for the same basic proposition: A
beneficiary has a proprietary interest in
and is entitled to production of documents relating to advice sought
and obtained by a trustee in connection with the administration or management of, for instance, a pension plan, or an
estate (see Froese v. Montreal Trust Co. of Canada [1993] B.C.J. No. 1529 (S.C.), aff'd [1993] B.C.J. No. 1847 (C.A.); Re Ballard Estate [1994] O.J. No. 2281 (Gen.
estate (see Froese v. Montreal
Trust Co. of Canada [1993] B.C.J. No. 1529 (S.C.), aff'd [1993] B.C.J. No. 1847 (C.A.); Re Ballard
Estate [1994] O.J. No. 2281 (Gen.
Estate [1994] O.J. No. 2281 (Gen. Div.)
In general, death does not end a contract - the rights
and obligations of the contract pass to the
estate of the deceased, administered by the executor in
trust for the
beneficiaries.
Modern
estate planners have the property held in
trust by a trustee with an equitable life
estate beneficiary and a
trust instrument that is more clear about who is responsible for what.
Trustees have a duty to protect
and preserve the
trust estate for the benefit of the
beneficiaries and, therefore, are sometimes obliged to conduct litigation for that purpose.
We have represented many heirs,
beneficiaries, businesses
and others in disputes concerning
trusts and estates.
(3.1) Where the trustee applies to the court for the determination of an issue as to the construction of the
trust instrument or arising in the administration of the
trust, its costs (
and the costs of the
beneficiaries) are incurred for the benefit of the
trust and all parties are entitled to an indemnity out of the
trust estate.
The firm's
estate planning practice includes planning for the distribution of an individual's property at his or her death,
beneficiary disputes,
trust administration,
and estate administration.
«Bringing
Beneficiaries to the Mediation Table: Drafting Enforceable
Trust Provisions Requiring Mediation of Disputes During Post-Death
Trust Administration,» California
Trust and Estates Quarterly, 2014
We can create
and design personalized wills,
trusts, advanced medical directives,
and other
estate planning documents to maximize wealth preservation for you
and your
beneficiaries.
Brinkley Morgan's Probate &
Trust Litigation attorneys represent trustees, personal representatives, guardians, charitable organizations, family businesses, fiduciaries, and beneficiaries in a full range of estate, trust, and fiduciary disp
Trust Litigation attorneys represent trustees, personal representatives, guardians, charitable organizations, family businesses, fiduciaries,
and beneficiaries in a full range of
estate,
trust, and fiduciary disp
trust,
and fiduciary disputes.
Eisen Law advocates for both
estate trustees
and beneficiaries in
estate and trust litigation of any type, including:
If you have a will, living
trust, life insurance policies,
and other assets with named
beneficiaries, it is important that you seek the advice of a lawyer as soon as possible to determine the effect a divorce may have on your
estate planning.
Our Toronto
and North York office provides complete service to
estate trustees
and families, including
trust or
estate administration from Certificate of appointment (Probate) until distribution, related tax
and beneficiary reporting requirements,
and representation in contested Will or Will interpretation lawsuits in Ontario Courts.
Breach of fiduciary duty claims against executors
and trustees — acting for
beneficiaries or co - executors / co-trustees who have concerns regarding the administration of an
estate or
trust, as well as defending executors
and trustees;
In the
trust and estate administration area, our attorneys advise trustees, executors
and beneficiaries on matters such as the interpretation of documents, tax issues (including the preparation of gift
and estate tax returns),
and disagreements between
beneficiaries and fiduciaries.