Supreme Court Overrules Taxation of Trust
Last month the United States Supreme Court ruled (unanimously) that North Carolina’s approach to taxation of trusts was impermissible. If it was a 9-0 decision, though, the obvious questions are: Whoever thought North Carolina’s approach to taxation of trusts would be acceptable in the first place? and What difference will this decision actually make for […]
North Carolina Court Reviews Special Needs Trust’s Purpose
When someone creates a trust — any trust — they have some purpose or goal. What is a special needs trust’s purpose? That seemingly simple question is the focus of a recent North Carolina case. Indeed, four different levels of that state’s courts seem to have trouble coming up with a straightforward answer. The guardianship […]
Please Don’t Handwrite Changes On Your Will
Arizona law allows you to sign a “holographic” will (or a holographic codicil). That means you can handwrite your own will and sign it. Such a will or codicil does not need the two witnesses usually required. So that means you can easily write — or change — your will yourself. Right? Please do not […]
Young Man’s Father Secures Guardianship After Summer Visit
OCTOBER 3, 2016 VOLUME 23 NUMBER 37 Sometimes a legal proceeding in another state can help illustrate the procedures in your own state — because they are different. A guardianship case in Georgia last week is a good example. Melvin Peters (not his real name) is twenty-one years old, and he lives with his father […]
Lawyers Continue Battle After Guardianship Dismissal
MAY 23, 2016 VOLUME 23 NUMBER 20 It will come as no surprise to anyone who has been involved in guardianship and conservatorship proceedings: the legal fees and related costs can often spiral out of control. Though most guardianship proceedings do not cost tens of thousands of dollars, some do. In fact, the battle can […]
UTMA Account Is Treated Like a Trust Account
JUNE 11, 2012 VOLUME 19 NUMBER 23 The Uniform Transfers to Minors Act is almost universally known by its initials: UTMA. A version of the Act has been adopted in nearly every US state, and the few which have not adopted it have its similar predecessor, the Uniform Gifts to Minors Act (known, unsurprisingly, as […]
Attorney’s Position on Ending Guardianship Case Approved
MARCH 8, 2010 VOLUME 17, NUMBER 8 {Ed. Note: this week’s Elder Law Issues was written for us by our friend, and nationally-known elder law authority, Prof. Rebecca C. Morgan. Prof. Morgan holds the Boston Asset Management Chair in Elder Law at the Stetson University College of Law, and she is the Director of Stetson’s Center for Excellence […]
