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2 Sep 2014, 10:45 pm
For example, if A died leaving a testamentary estate of $100,000 and bequeathed $75,000 to B but also exercised a power of appointment over the remainder of a trust of over $100 million in favor of C where the default beneficiary was D, one can imagine a very costly probate contest brought by D and defended by C, the nominated executor. [read post]
26 Dec 2016, 8:08 am by Kenneth Vercammen, Esq.
The term generally includes all matters relating to the administration of estates. [read post]
5 Nov 2009, 9:50 pm by Rick Kabra
Remember, a client A’s money has nothing to do with client B’s money. [read post]
26 Dec 2016, 12:00 pm by Kenneth Vercammen, Esq.
The term generally includes all matters relating to the administration of estates. [read post]
6 Nov 2015, 9:38 am by Brian E. Barreira
The Office of Medicaid has put many trusts through contortions of logic to be able to claim they were countable, but now the Office of Medicaid is simply taking the position that a MassHealth applicant’s former home in any trust is automatically a countable asset, no matter what the trust says. [read post]
26 Dec 2016, 8:01 am by Kenneth Vercammen, Esq.
The term generally includes all matters relating to the administration of estates. [read post]
31 Aug 2014, 10:46 pm
For example, if A died leaving a testamentary estate of $100,000 and bequeathed $75,000 to B but also exercised a power of appointment over the remainder of a trust of over $100 million in favor of C where the default beneficiary was D, one can imagine a very costly probate contest brought by D and defended by C, the nominated executor. [read post]
8 May 2015, 9:10 am by Shahram Miri
     Months later, a beneficiary files a petition to instruct the trustee to pay back the $5,000 to the trust per Probate Code § 17200(b)(6). [read post]
26 Dec 2016, 3:10 pm by Shahram Miri
One county superior court may view probate matters differently than other county superior courts. [read post]
6 Nov 2015, 9:38 am by Brian E. Barreira
The Office of Medicaid has put many trusts through contortions of logic to be able to claim they were countable, but now the Office of Medicaid is simply taking the position that a MassHealth applicant’s former home in any trust is automatically a countable asset, no matter what the trust says. [read post]
25 Apr 2019, 7:45 pm by Russell D. Knight
” 755 ILCS 4-7(b) The ex-spouse still gets assets if they are left in the will after the divorce. [read post]
20 Mar 2019, 4:00 am by John Gregory
That report outlined some of the legal and practical issues that these matters raise, and some of the options for going forward. [read post]
4 Nov 2015, 2:35 pm
While it seems that the St Kilda matter was ultimately resolved, the current situation must seem to the Trust like déjà vu. [read post]
3 Dec 2008, 1:10 pm
§ 303(b) for commencing an involuntary bankruptcy petition are elements of subject matter jurisdiction. [read post]
10 Apr 2014, 6:48 pm
Under SCPA 207[1], proceedings involving lifetime trusts can be properly heard where "(a) assets of the trust estate are located, or (b) the grantor was domiciled at the time of the commencement of a proceeding concerning the trust, or (c) a trustee then acting sides." [read post]
23 Apr 2008, 4:22 pm
Trusted Net does not contest that its four-year delay would normally constitute a waiver; instead, it contends that the § 303(b) requirements are subject matter jurisdictional and hence incapable of being waived. [read post]