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19 Nov 4:00 am by Trusts EstatesProf
M. Keith Branyon (partner, Jackson Walker LLP) has published his article entitled Jurisdiction and Venue for Will and Trust Disputes, The Advocate, Fall 2009, at 61. An excerpt from the article is below: Jurisdiction and Venue in will and trust...
Wills, Trusts & Estates Prof Blog - http://lawprofessors.typepad.com/trusts_estates_prof/
29 Dec, 2006 5:40 am by Trusts EstatesProf
Arlene Macdonald has published Testamentary Trusts: Not Just Another Trust? in the December 2006 of the eJournal of Tax Research. Here is the abstract:This article examines the use of testamentary trusts and implications of the taxation of trust rules for...
Wills, Trusts & Estates Prof Blog - http://lawprofessors.typepad.com/trusts_estates_prof/
11 Dec, 2008 8:44 am by Trusts EstatesProf
The testator's will created a trust for her niece, terminating on the earlier of the exhaustion of the trust principal or the niece's death. The trust was not exhausted at the niece's death and the trust property therefore was to...
Tags: Cases, New
Wills, Trusts & Estates Prof Blog - http://lawprofessors.typepad.com/trusts_estates_prof/
6 Sep 2:45 pm by Trusts EstatesProf
The most recent legislative session in Nevada resulted in revisions of the state's trust law, providing for the classification of trusts, detailing the administration of directed trusts, adopting provisions governing the administration of trusts, revising provisions concerning spendthrift trusts, and...
Wills, Trusts & Estates Prof Blog - http://lawprofessors.typepad.com/trusts_estates_prof/
12 Jul, 2007 8:07 am by Trusts EstatesProf
A husband's lifetime trust divided into credit shelter and marital trusts at his death.His wife was the income beneficiary of both trusts.The trustees were not authorized to invade the principal for the wife, but the trust stated that the wife's...
Tags: Cases, New
Wills, Trusts & Estates Prof Blog - http://lawprofessors.typepad.com/trusts_estates_prof/
16 Dec, 2008 9:34 am by Trusts EstatesProf
Kevin D. Millard has written an article entitled Rights of a Trust Beneficiary's Creditors Under the Uniform Trust Code, 34 ACTEC 58 (Fall 2008). Here is a summary of the article: The Uniform Trust Code has now been enacted in...
Tags: Articles
Wills, Trusts & Estates Prof Blog - http://lawprofessors.typepad.com/trusts_estates_prof/
18 Dec, 2008 9:14 am by Trusts EstatesProf
A husband and his wife created revocable trusts terminating on the death of the second to die at which time both trusts terminate and are to be distributed equally to the couple's three children. The trusts provided that if a...
Tags: Cases, New
Wills, Trusts & Estates Prof Blog - http://lawprofessors.typepad.com/trusts_estates_prof/
7 Sep 9:42 am by Trusts EstatesProf
Connecticut's new pet trust statute, effective October 1, 2009, provides a useful estate planning tool, allowing pet owners to establish a trust for the duration of the named animal's life and designate a trust protector to see that the pet...
Wills, Trusts & Estates Prof Blog - http://lawprofessors.typepad.com/trusts_estates_prof/
30 Aug, 2006 12:22 pm by Trusts EstatesProf
Stewart E. Sterk (Professor, Cardozo Law School) has recently released his article entitled Trust Protectors, Agency Costs, and Fiduciary Duty, 27 Cardozo L. Rev. 2761 (2006). Here is his conclusion: The relationship between the trust's settlor and a trust protector...
Wills, Trusts & Estates Prof Blog - http://lawprofessors.typepad.com/trusts_estates_prof/
28 Nov, 2006 5:46 am by Trusts EstatesProf
Travis Robbins of the The Online Lawyer has recently posted a discussion of inter vivos trusts entitled Estate Planning: Intervivos Trust a/k/a Living Trust. Although this article provides some useful information, readers should note with care the statement that [t]he...
Tags: Trusts
Wills, Trusts & Estates Prof Blog - http://lawprofessors.typepad.com/trusts_estates_prof/
22 Jan, 2007 11:46 am by Trusts EstatesProf
Scams involving living trusts are, unfortunately, very common. In Living-trust scams: all too alive and well in Illinois, 94 Ill. B.J. 644 (2006), Helen W. Gunnarsson discusses some of the tactics used by trust mills to scam people into creating...
Tags: Articles
Wills, Trusts & Estates Prof Blog - http://lawprofessors.typepad.com/trusts_estates_prof/
12 Mar, 2007 4:55 am by Trusts EstatesProf
Ronald R. Volkmer (Professor of Law, Creighton University School of Law) has recently published his article entitled Nebraska's Total Return Trust Statute: Unitrust Conversion and the Challenges of Managing a Trust and Drafting a Trust, 40 Creighton L. Rev. 135...
Tags: Articles
Wills, Trusts & Estates Prof Blog - http://lawprofessors.typepad.com/trusts_estates_prof/
15 Mar, 2007 1:03 pm by Trusts EstatesProf
Arlene MacDonald (Edmund Barton Chambers, Southern Australia) has recently posted her article on SSRN entitled Testamentary Trusts: Not Just 'Another' Trust? Here is the abstract of her article:This article examines the use of testamentary trusts and the implications of the...
Tags: Articles
Wills, Trusts & Estates Prof Blog - http://lawprofessors.typepad.com/trusts_estates_prof/
17 Aug, 2007 6:13 am by Trusts EstatesProf
The following excerpts are from Rachel Emma Silverman, Matters of Trust: Super-Rich Set Up Companies, Wall St. J., Aug. 4, 2007, at B1:It isn't enough to have a trust fund any more. The next step is to have your own...
Wills, Trusts & Estates Prof Blog - http://lawprofessors.typepad.com/trusts_estates_prof/
27 Sep, 2007 2:15 pm by Trusts EstatesProf
The decedent and his wife created trusts both of which were expressly stated to be revocable. Each trust named the other spouse as the income beneficiary and when both spouses were dead, the remainders were to be distributed equally to...
Tags: New, Cases
Wills, Trusts & Estates Prof Blog - http://lawprofessors.typepad.com/trusts_estates_prof/
28 Oct, 2007 4:52 am by Trusts EstatesProf
The settlor created a trust which terminated upon his death with the trust property to be distributed to a grandson "if he is living at the time of distribution." The grandson died before the distribution of trust assets was complete....
Tags: New, Cases
Wills, Trusts & Estates Prof Blog - http://lawprofessors.typepad.com/trusts_estates_prof/
15 Nov, 2007 10:52 am by Trusts EstatesProf
Richard W. Nenno, (Managing Director and Trust Counsel, Wilmington Trust Company) has recently published his article entitled Directed Trusts; Can Directed Trustees Limit Their Liability?, Prob. & Prop., Nov./Dec. 2007, at 45. Here are excerpts from the introduction to his...
Tags: Articles
Wills, Trusts & Estates Prof Blog - http://lawprofessors.typepad.com/trusts_estates_prof/
22 Feb, 2008 9:07 am by Trusts EstatesProf
A mother created a revocable trust which is to terminate on her death and be distributed equally among her three children. The trust stated that the interest of the beneficiaries "is a present interest" which continues until the trust is...
Tags: New, Cases
Wills, Trusts & Estates Prof Blog - http://lawprofessors.typepad.com/trusts_estates_prof/
29 Feb, 2008 9:16 am by Trusts EstatesProf
The settlor sent a letter to the corporate trustee of her revocable lifetime trust stating , "I am revoking my trust." The settlor made statements indicating that she intended to revoke the trust but also made statements to a bank...
Tags: New, Cases
Wills, Trusts & Estates Prof Blog - http://lawprofessors.typepad.com/trusts_estates_prof/
7 May, 2008 7:41 am by Trusts EstatesProf
Richard W. Nenno, (Managing Director and Trust Counsel, Wilmington Trust Company) has recently published his article entitled The Trust from Hell: Can It Be Moved to a Celestial Jurisdiction?, Prob. & Prop., May/June 2008, at 58. This article begins by...
Tags: Articles
Wills, Trusts & Estates Prof Blog - http://lawprofessors.typepad.com/trusts_estates_prof/
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