Trust Case Summary: As a result of the intervention of SBEMP, a recent court decision ordered a co-trustee in violation of fiduciary duties be removed from his position as Co-Trustee of the Trust. Case Background: BN’s brother died, leaving a trust naming her and his roommate (with whom he did
Special Needs Trusts Most parents want to leave assets to their children when they die. If an individual with a significant cognitive disability receives assets, they may not have the capacity to make good decisions about how those assets are used and they may become ineligible for important federal and state
If you or a loved one has special needs, you may want to help get them a special needs trust. However, before going out and trying to get one, you first need to understand what it is. A special needs trust is a certain amount of funds which help to
Creditor claims in California are a detailed and intricate part of probate law. If you fail to comply exactly as the rules state, you will lose any claim against the estate. What is a Creditor Claim? A creditor claim is any type of demand for a payment. It means if
A Financial Power of Attorney is a person who is able to make financial decisions for you if you become incapacitated and unable to make decisions on your own behalf. The power is given by producing a legalized document that shows you allow another person to make financial decisions on
Probate is the legal method by that the fiduciary (executor) of the estate ultimately settles all affairs of a deceased dearest. It is typically more sophisticated for the executor of an estate, who has a fiduciary obligation and who has been entrusted with the responsibility of overseeing an estate’s assets
Estate planning attorneys may work with financial experts to help customers create legally-binding trusts related to the disbursement of money and assets. Great legal representatives can often provide advice for a better distribution of an estate’s assets. Going forward, legal documents can be drafted and utilized to discharge debts (like
Case update from the NJ State Bar Association: 38-2-5185 In the Matter of the Estate of Mary Jane Lynch, N.J. Super. App. Div. (Suter, J.A.D.) (19 pp.) Decedent executed a will and declaration of trust wherein her personal property was to be equally distributed to her two children, appellant-daughter and appellee-son.
After the death of an estate owner, the estate is taxed whenever the property is transferred. In order to limit estate taxes, the individual can give gifts prior to death. There are several things you should know regarding how gifts are taxed according to estate tax law.
What is Probate? The term ‘probate’ means ‘proof.’ The term probate in the legal system is proof that the will is ironclad in a court of law. A separate court, called probate court, examines the will to determine how ironclad it is. Strong wills divide assets based on what the