Fame and fortune often come together, and sometimes that combustible brew spills over into the world of trusts and estates. Case in point: an inter-vivos trust created decades ago by multi-billionaire Peter Bing was recently at the center of a …
A Challenging Inheritance: The Fate of Mark Twain’s Will
There have been numerous books and essays written about Mark Twain’s final two unhappy years in Redding, Connecticut, as well as several accounts capturing the lives, also generally tragic, of his surviving daughter and granddaughter.
A fascinating new article …
The 1846 Last Will of John Sutton—What’s Not So New in Will Drafting and Contests
A defining characteristic of inheritance litigation is that the single most important witness — the testator — is dead. And because the testator’s not around anymore to prove to us that he really was acting of his own free will …
Note to Probate Litigators: Be Alert for Financial Exploitation of the Elderly Claims
Inheritance litigation is often the last battle in a war that’s been going on for a long time, especially in cases involving financial exploitation of the elderly. However, my experience is that all too often remedies designed specifically to attack …
Can the “equitable exception” doctrine salvage a failed attempt to exercise a testamentary power of appointment?
Powers of appointment are the Swiss Army knife of modern estate planning. They’re deceptively simple yet adaptable to almost any planning contingency. And they’re ubiquitous, often incorporated into even the most basic trust agreements for all sorts of good reasons …
STEP’s 2017 Caribbean Conference
I recently had the pleasure of speaking at the 2017 STEP Caribbean Conference. I co-presented with Cayman Islands trust litigator Rachael Reynolds. We had fun going through the practical “what ifs” a Caribbean trustee should consider if faced …
“Undue Influence and Financial Exploitation” by Dr. Bennett Blum; thoughts on litigation-avoidance estate planning
Please, please, PLEASE!! Spend a few extra bucks today to avoid tomorrow’s disastrous estate litigation. In the public health world it’s estimated every dollar spent on vaccines returns up to $44 dollars in savings over the long haul. My own …
Trust protectors; they’re like trustees, but not quite. So can they get sued?
It used to be so simple. Back in the day trust lawyers had to contend with only three possible players: the settlor, the trustee, or the beneficiary. Today that trio’s often joined by a new creature we’re still not exactly …
Thoughts on the Tom Clancy estate tax allocation litigation
Baltimore City Orphans’ Court Judge Lewyn Scott Garrett entered this 47-page order ruling that the late author’s estate taxes must be paid exclusively from the trust going to the four adult children of his first marriage, exempting the share going …
CHANGE OF VENUE: June 10, 2015 organizational meeting for STEP Miami’s new specialized forum for international trusts and estates litigators will now take place at Northern Trust Bank
The number of registrants far exceeded our expectations for this meeting, so we’ve had to move to a larger venue graciously provided by the folks at Northern Trust.
For those of you who didn’t see the first notice, I’m one …