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23 Aug 2020, 12:23 pm by Juan C. Antúnez
“Ordinarily a power to revoke the trust will be interpreted as including a power to revoke the trust in part by withdrawing a part of the trust property from the trust. [read post]
16 Oct 2020, 6:55 am by Bill Brammell
The following actions require an express grant of authority for the agent to act on behalf of the principal: Create, amend, revoke, or terminate a trust Make a gift Alter rights of survivorship Alter beneficiary designation Delegate authority granted under the power of attorney Waive principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan Exercise fiduciary powers Exercise authority over… [read post]
5 Jul 2020, 10:30 am by Giles Peaker
These are powerful factors which a judge could reasonably have taken into account in order to reject the case advanced by Mr Richens. [read post]
12 Sep 2013, 4:52 pm by Marco Rossi
     The grantor (or beneficiary) holds, under the terms of the trust or otherwise, specific powers pursuant to which the trustee, despite being vested with discretionary power to manage and administer the trust, cannot carry out those powers without the consent of the grantor,   4. [read post]
30 Mar 2020, 8:45 am by Jessica Lusamba
It was enacted in order to remove Indian tribes from under the thumb of the federal government and to give the tribes the power to govern themselves. [read post]
8 Jan 2016, 12:54 pm by Kenneth Vercammen Esq. Edison
Under a joint tenancy, each of the joint tenants has a property interest in the property so held, whereas, a person holding a Power of Attorney, while having the power to deal with the property, does not own any part of it nor can that person become the owner of it under the P [read post]
15 Sep 2011, 5:19 am by Andrew & Danielle Mayoras
When you add someone’s name to your bank accounts, investments, stocks, bonds, real estate, cars, or almost any other asset of value, you are giving up control and risking complications that most people never imagine can happen It’s much better to use good estate planning — including a will, revocable living trust (for most people), and financial and health care powers of attorney — which can accomplish all of the same goals as joint… [read post]
24 Aug 2022, 9:09 am by Andrew M. Brower
For estate planning attorneys, the initial consultation with spouses can have some awkward moments to say the least. [read post]
9 Mar 2007, 11:08 am
Never contribute joint or community property to the trust or write a check to the trust from a joint account or a business account).4) ILITs are somewhat expense to establish and maintain for many clients, particularly those who have large estates due strictly to the amount of insurance they buy. [read post]
19 May 2017, 6:16 am by David M. Goldman
  Often in joint irrevocable trust, changes cannot be made after the death of the first spouse, but even with a joint Florida Asset Protection trust, changes can be made after the death of the first spouse through the trust protector. [read post]
13 Feb 2016, 8:05 am by INFORRM
On Thursday 11 February 2016, the Joint Committee on the Draft Investigatory Powers Bill issued a 200-page report on the draft new law. [read post]
12 Nov 2009, 5:51 am
In general, a more comprehensive trust document will permit separate property treatment even inside a joint trust. [read post]
15 Aug 2010, 5:46 am by Adrian P. Thomas
A LESSON IN TRUST… We often come across cases in which a Will or a Trust leaves assets equally to all of the Decedent’s children. [read post]
20 May 2007, 10:55 am
If financial institutions continue to allow their employees to give legal advice, then they should be held accountable in negligence for the consequences of their advice.My previous in this series were as follows:In my first post, I summarized the facts of these cases.In my second post, I wrote about the presumptions of resulting trusts and of advancement.In my third post, I wrote about how the Court dealt with the issue of whether a gift of a right-of-survivorship is testamentary,… [read post]
6 Aug 2012, 4:24 am by Jeff Marshall
  To achieve these goals, your document should express your health related values and philosophy, at least in general terms, and empower a trusted agent to serve as health care advocate for you. [read post]
19 May 2007, 12:09 pm
Using a power of attorney instead of a joint account if the parent's intention is to allow the child to assist with management only;2. [read post]
18 Oct 2012, 9:55 am
The matter may then become a partition action between the joint owners, the subject of which was covered in a prior blog post. [read post]
27 Jan 2011, 8:22 am by Greg Herman-Giddens
Giving someone your power of attorney (POA) has been likened to giving a trusted person a spare set of keys to your house or car. [read post]