WealthCounsel’s 7th Annual Industry Trends Survey looked at the business challenges
Continue Reading Survey: top three reasons families engage in estate planning: (1) avoid probate (59%), (2) minimize discord among beneficiaries (57%), and (3) protect children from mismanaging their inheritances (39%).
Changing trustees can be contentious, but there are ways for beneficiaries to ease the process.
As a family trust moves into its second or third generation, it’s
Continue Reading Changing trustees can be contentious, but there are ways for beneficiaries to ease the process.
Roughly 70% of families lose a chunk of their inherited wealth, mostly due to estate battles. How to manage estate litigation risk? Think process . . . then think mandatory arbitration
How much wealth is inherited in trust?
If you earn your living working with and around trustees, beneficiaries and
Continue Reading How much wealth is inherited in trust?2012-13 Probate Court Filing Statistics
If you make your living in and around our probate courts you’ll
Continue Reading 2012-13 Probate Court Filing Statistics
What litigators can learn from the OCC’s “Comptroller’s Handbook for Fiduciary Activities”
The fiduciary duty of care sets the minimum level of diligence and
Continue Reading What litigators can learn from the OCC’s “Comptroller’s Handbook for Fiduciary Activities”
Texas Supreme Court weighs in on enforceability of mandatory arbitration provisions in trust agreements; votes YES
Readers of this blog know I’m a big fan of mandatory arbitration
Continue Reading Texas Supreme Court weighs in on enforceability of mandatory arbitration provisions in trust agreements; votes YES
The Town Where Everyone Talks About Death
NPR’s Planet Money did a great piece on Living Wills entitled The
Continue Reading The Town Where Everyone Talks About Death
Miami attorney Patrick Lannon on undue influence claims challenging inter vivos (lifetime) gifts, and how we (and our courts) can do a better job of connecting the dots
Most inheritance litigation involving claims of undue influence arise in the context
Continue Reading Miami attorney Patrick Lannon on undue influence claims challenging inter vivos (lifetime) gifts, and how we (and our courts) can do a better job of connecting the dots
An Economic Theory of Fiduciary Law
Professor Robert H. Sitkoff of Harvard Law School published an article that
Continue Reading An Economic Theory of Fiduciary Law