Tax Issues for Trusts — Simplified
JULY 29, 2013 VOLUME 20 NUMBER 28 Judging from the questions and comments we get here, taxation of trusts is one of the most confusing issues we regularly write about. We’re going to try to collect the most important rules here for your convenience. Note that we will not try (in this summary) to touch […]
Trust Administration Dispute Ends Up Costly for Complainant
MAY 20, 2013 VOLUME 20 NUMBER 20 One of the reasons people create living trusts is to reduce the likelihood of disputes among family members. In fact, any well-written estate plan — whether it involves a living trust or not — should focus at least partly on that worthwhile goal. Most estates do get settled […]
Accounting Requirements for Irrevocable Trusts in Arizona
FEBRUARY 4, 2013 VOLUME 20 NUMBER 5 Arizona adopted a version of the Uniform Trust Code in 2008, to be effective at the beginning of 2009. The UTC has been the subject of much discussion across the country — it has been adopted in about half the states, and soundly rejected in a few others. […]
Lawyer, Acting as Trustee, Challenged for Self-Dealing
DECEMBER 3, 2012 VOLUME 19 NUMBER 44 One of the great advantages of a trust can be the ability to bypass court supervision and review. One of the great disadvantage of a trust can be that it bypasses court supervision and review. A recent California Court of Appeals decision highlights the problem nicely — and […]
What Is “Elder Law”?
OCTOBER 15, 2012 VOLUME 19 NUMBER 38 At Fleming & Curti, PLC, we practice “elder law.” But what does that mean? Are all our attorneys elderly? (No) Are they all senior members of a religious group? (No) Are all our clients above a certain age? (No) Then what is the significance of the term “elder […]
Special Needs Trusts: How Much Trouble Are They to Manage?
SEPTEMBER 3, 2012 VOLUME 19 NUMBER 34 I’m thinking about setting up a special needs trust for my son, who has a developmental disability. Will it mean a lot more work for my daughter, who will be handling the estate? It’s a fair question, and one we hear a lot. No one ever asks: “could […]
Living Trust Does Not Prevent Court Involvement After Misuse of Funds
JULY 16, 2012 VOLUME 19 NUMBER 27 Living trusts are increasingly popular and common. One of the principal attractions for most people who execute living trusts is that they can avoid the complication, cost and oversight of the courts and of lawyers. That usually means the trust signer’s family can save money and hassle. Lack […]
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 […]
Think Your Family Member Needs a Guardian? Proceed With Caution
FEBRUARY 27, 2012 VOLUME 19 NUMBER 8 Phoenix-area resident Larry Robertson (not his real name) was undoubtedly fading mentally, but he had made plans for handling his affairs. He had created a revocable living trust, signed a power of attorney and created a beneficiary deed. All those documents named a husband-and-wife team who were also […]
Challenge to Three-Year-Old Trust Reformation is Dismissed
JANUARY 9, 2012 VOLUME 19 NUMBER 2 With the increased emphasis on (and use of) living trusts for estate planning, we lawyers are seeing more and more cases in which an old trust needs modification. Perhaps the tax laws have changed since a parent or grandparent died. Maybe what once made sense is less defensible […]