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Home / Archives for Legal Education

In Loving Memory of All the Pets Who Have Crossed the Rainbow Bridge

July 8, 2025

Estate Planning, Legal Education

In Loving Memory of All the Pets Who Have Crossed the Rainbow Bridge

The grief of putting my dog down got me wondering about how animals process grief and how much harder it may be for them since they lack the ability to put their feelings into words the way that humans can.  Thus, the idea for this blog focusing on options for pets upon the death of their owners was born. Read on to learn more. … [Read more...] about In Loving Memory of All the Pets Who Have Crossed the Rainbow Bridge

Filed Under: Estate Planning, Legal Education

A Message from the Murdochs – Part II

July 1, 2025

Estate Planning, Legal Education Tagged With: attorney, consumer, Elisabeth Murdoch, estate plan, estate planning, Fox Corporation, good faith, irrevocable trust, James Murdoch, Lachlan Murdoch, lawsuit, News Corporation, Project Family Harmony, Prudence Murdoch, Rupert Murdoch, Succession, Top Hat Amendment

As a reformed Trusts and Estates attorney, I have an unusual fascination with celebrity estates, especially those gone wrong. Using those estates as instructive lessons regarding how to avoid disaster has provided many a topic for this blog. I often discuss the benefits of creating and reviewing an Estate Plan regularly. Simply put, none of us should leave our legacy to chance. Not long ago, I wrote about the Murdoch family and the latest drama surrounding them in A Message from the Murdochs. … [Read more...] about A Message from the Murdochs – Part II

Filed Under: Estate Planning, Legal Education Tagged With: attorney, consumer, Elisabeth Murdoch, estate plan, estate planning, Fox Corporation, good faith, irrevocable trust, James Murdoch, Lachlan Murdoch, lawsuit, News Corporation, Project Family Harmony, Prudence Murdoch, Rupert Murdoch, Succession, Top Hat Amendment

Are Irrevocable Trusts Really Irrevocable – Part III

May 29, 2025

Estate Planning, irrevocable trusts, Legal Education Tagged With: attorney, consumer, estate planning, irrevocable trust, Special co-Trustee, Trust modification, trust protector

When I began practicing law, clients created irrevocable trusts with caution because the trust was then set in stone. By the time I left private practice, clients created irrevocable trusts with more frequency and considerably less caution because changing irrevocable trusts became commonplace. Trusts and Estate practitioners have several mechanisms that allow them to change an irrevocable trust. The first part of this three-part series explored changes to irrevocable trusts using judicial or … [Read more...] about Are Irrevocable Trusts Really Irrevocable – Part III

Filed Under: Estate Planning, irrevocable trusts, Legal Education Tagged With: attorney, consumer, estate planning, irrevocable trust, Special co-Trustee, Trust modification, trust protector

The Big Lesson from Tony Bennett’s Embattled Estate and Troubled Trust

May 22, 2025

Estate Planning, Legal Education

When one child occupies a position of trust with a parent to the exclusion of other siblings, that causes friction.  Extending that position of power after death exacerbates that friction and may cause irreparable harm.  It seems that happened upon the death of beloved singer, Tony Bennett.  His daughters have sued their brother on two different occasions leveling some unflattering allegations.  Read on to learn more. … [Read more...] about The Big Lesson from Tony Bennett’s Embattled Estate and Troubled Trust

Filed Under: Estate Planning, Legal Education

A Hole in Hackman’s Plan

May 15, 2025

Estate Planning, Legal Education

Eugene Allen Hackman enjoyed a prolific acting career that spanned several decades. In a bizarre sequence of events, seemingly ripped from a movie script, his death raised questions and exposed some flaws in both his end-of-life planning and his Estate Plan. Gene’s final act didn’t result in a happy ending, but rather a tragic tale full of warnings to those who care to listen. Read on to learn more.  … [Read more...] about A Hole in Hackman’s Plan

Filed Under: Estate Planning, Legal Education

Are Irrevocable Trusts Really Irrevocable – Part I

April 9, 2025

Estate Planning, irrevocable trusts, Legal Education Tagged With: attorney, consumer, irrevocable trust, judicial modification, nonjudicial modification, Uniform Trust Code

For many years Estate Planning attorneys touted irrevocable trusts as an immutable way to set an estate plan in stone. As more and more states have adopted the Uniform Trust Code that has changed. Provisions of the Uniform Trust Code allow for modification of an otherwise irrevocable trust which has altered the landscape of Estate Planning. Irrevocable Trusts have long been an effective, albeit static, estate planning tool, with the ability to alter irrevocable trusts, they provide more … [Read more...] about Are Irrevocable Trusts Really Irrevocable – Part I

Filed Under: Estate Planning, irrevocable trusts, Legal Education Tagged With: attorney, consumer, irrevocable trust, judicial modification, nonjudicial modification, Uniform Trust Code

Are Irrevocable Trusts Really Irrevocable – Part II

April 2, 2025

Estate Planning, irrevocable trusts, Legal Education Tagged With: attorney, consumer, decanting, Estate Planning, irrevocable trust, trusts, Uniform Trust Decanting Act

For many years Estate Planning attorneys touted irrevocable trusts as an immutable way to set an estate plan in stone. As more and more states have adopted the Uniform Trust Code that has changed. Provisions of the Uniform Trust Code allow for modification of an otherwise irrevocable trust which has altered the landscape of Estate Planning. Irrevocable Trusts have long been an effective, albeit static, estate planning tool, with the ability to alter irrevocable trusts, they provide more … [Read more...] about Are Irrevocable Trusts Really Irrevocable – Part II

Filed Under: Estate Planning, irrevocable trusts, Legal Education Tagged With: attorney, consumer, decanting, Estate Planning, irrevocable trust, trusts, Uniform Trust Decanting Act

Proper Estate Planning Brings Peace of Mind During a Disaster

March 26, 2025

Estate Planning, Legal Education

Proper Estate Planning Brings Peace of Mind During a Disaster

Estate planning isn’t just about securing your legacy—it’s about protecting your assets and loved ones when disaster strikes. Updating an outdated Estate Plan or creating a new one provides a set of instructions for your family regarding what you want to happen during your life if you lose the ability to communicate that and at death. It provides comfort and a sense of control. This article will serve as a guide to getting more out of your Estate Plan during a disaster. Read on to learn more.  … [Read more...] about Proper Estate Planning Brings Peace of Mind During a Disaster

Filed Under: Estate Planning, Legal Education

Estate Planning and Baseball

March 20, 2025

Estate Planning, Legal Education

Estate Planning and Baseball

Every state that recognizes trusts as legal entities imposes fiduciary duties upon the Trustee of such trusts. These duties may have different names in different jurisdictions, but ultimately a breach of fiduciary duties means that the Trustee failed to fulfill their duties as expressed in the trust instrument and under local law. This article examines a case ripped from the headlines that demonstrates the importance of choosing the right individuals to serve as fiduciaries. Read on to learn … [Read more...] about Estate Planning and Baseball

Filed Under: Estate Planning, Legal Education

Litigation…a Necessary Evil?

December 24, 2024

Estate Planning, Legal Education, litigation

Litigation…a-Necessary-Evil

Anyone creating an Estate Plan wants to ensure that the plan will work as intended and will withstand legal challenges. Sometimes though, beneficiaries need to bring a legal contest to enforce the terms of the decedent’s plan and force fiduciaries to act in accordance with their duties. This article examines a recent court case that could have ended in a failure of the decedent’s Estate Plan. Read on to learn more. … [Read more...] about Litigation…a Necessary Evil?

Filed Under: Estate Planning, Legal Education, litigation

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