Modification of a Special Needs Trust
Is modification of a special needs trust possible? Even if the trust is irrevocable, and its terms are clear? The short answer is “yes” — at least in some circumstances. A recent Texas Supreme Court case illuminates the principles. And the story is pretty interesting, to boot. “Dick” Poe was a prominent businessman from El […]
Beneficiary Deed Can Be Challenged For Undue Influence
Can a beneficiary deed challenge be based on alleged undue influence? Yes, in the same way that a will, a trust, or another writing could be challenged. A recent Arizona appellate decision spelled out some of the rules and details. But what is a beneficiary deed? First, a little introduction. Arizona is one of the […]
The Corporate Transparency Act Is, Well, Opaque
You might not have read much about the Corporate Transparency Act (usually referred to as the CTA). The law, adopted by Congress on January 1, 2021, was part of a much bigger legislative package. Actually, its history is even more interesting than that, and worth mentioning before we describe the CTA and how it might […]
Charitable Gifts and Your Estate Plan
Charitable gifts are important to many of our clients. We encourage charitable inclinations, of course. But how can you make a gift to your favorite charity most efficiently? Lifetime charitable gifts Of course, one way to make a gift is to write a check. It’s direct, it’s immediate — and it’s very much appreciated. Making […]
Electronic Wills Still a New Idea Three Years Later
Electronic wills were all the rage in estate planning discussions in 2018 and 2019. In that two-year period, four states adopted new statutes allowing for digital or electronic signing of wills. In order, Nevada, Indiana, Arizona and Florida pushed technology and law forward. After that first rush of interest, two important things happened to push […]
Trust Documents and the Settlor’s Intent
The settlor of a trust — the person (or, often, the two people) who signed the trust — of course gets to set the terms of distribution. In fact, one of the key elements of trust law is to determine and carry out the settlor’s intent. But when a successor trustee is administering the trust, […]
SECURE Act Clarifications Are, Well, Confusing
Last month the Internal Revenue Service took a major step in interpreting the SECURE Act of 2019. The SECURE Act clarifications are helpful. They are also confusing. The SECURE Act (recap) To review: in the closing days of 2019, Congress adopted a far-reaching new law on retirement account beneficiaries. The Setting Every Community Up for […]
“Certified Senior Advisor” is Really an Annuity Salesman
The story is sadly familiar. An elderly individual, seeking to get estate planning done inexpensively, seeks legal help from a non-lawyer paralegal. The paralegal identifies himself as a “Certified Senior Advisor”, 0r CSA. But what he really does is to sell a large and inappropriate annuity to the senior. American Family Legal Services Tom and […]
