Trust administration

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 …

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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 …

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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 …

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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 …

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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 …

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Court Rule Changes Will Affect AZ Fiduciaries in 2012

JANUARY 2, 2012 VOLUME 19 NUMBER 1 Two weeks ago we detailed some of the statutory changes facing guardians, conservators and other fiduciaries in Arizona beginning with the new year. At the same time the legislature was working on those changes, the Arizona Supreme Court was considering changes to the rules and procedures governing probate …

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