Estates & Trust Planning: The National Law Review

The TCJA (Tax Cuts Job Act) which was passed in 2017 greatly impacted tax law, and general estates and trusts for individuals which plan on devising property, money, or other possessions to loved ones. Estate planning and devising a trust are areas of the law which are highly regulated by regulatory law, tax law, and family law. Visitors to the National Law Review will learn about the latest developments in tax law, family law, and estate and trust law, and how these fields come together, as well as reading legal analysis on devising a legal trust, will, or estate plan.

The transfer of assets in anticipation of death has been greatly impacted by the new tax laws, allowing the trustor to redistribute assets and property, without major tax implications for themselves, or the receiving party. Visitors will learn about these developments, and other relevant news and stories relating to estate planning, probate planning, and litigation in this area of law. Additionally, the National Law Review features articles on how family businesses can create a succession plan and otherwise plan for the future, as well as information on specialized circumstances like creating a will or a trust for a family member with special needs.

Hot issues including will contests, business succession planning, creating a charitable trust, durable powers of attorney, creating revocable and irrevocable trusts, generation-skipping transfer tax (GST), estate taxes, and the distribution of trust assets, are among the many stories covered for visitors on the National Law Review. Further, details about gift taxes, federal taxes, and other taxes which may arise under the American Taxpayer Relief Act, are also covered by the National Law Review. Any IRS details and areas of estate planning and probate which might be covered under the Internal Revenue Code (IRC), are also topics visitors can read about on the website.

For hourly updates on the latest news about family custody & divorce laws, estate planning, and trust regulations and legislation, be sure to follow our Family & Estate Planning Law Twitter feed, and sign up for complimentary e-news bulletins.

Date	Title	Organization
31 Jan	New Texas Bill Would Provide Qualified Release Relief To Trustees Who Deliver Adequate Accountings Without A Timely Objection By The Beneficiary	Winstead
30 Jan	Court Granted Mandamus Relief To Order District Court To Abate Trust Dispute Due To Earlier Filed Suit In Probate Court	Winstead
30 Jan	Court Affirms Judgment In Divorce Proceeding That Property Was Community Even Though It Was Purchased With Trust Assets	Winstead
25 Jan	Trust Administration and Estate Planning in the Age of Climate Change	Goulston & Storrs
23 Jan	2023 Federal and State Estate and Gift Tax Summary	Pierce Atwood LLP
17 Jan	Court Affirmed Summary Judgment For A Financial Advisor Due To The Dead Man’s Rule Arising From Claim That He Failed To Change A Beneficiary Designation	Winstead
4 Jan	Are Your Retirement Accounts SECURED? Action Steps for Plan Participants and IRA Owners	Ward and Smith, P.A.
14 Dec	401(k) Compliance Check #12: Don’t Borrow Trouble – Correcting Retirement Plan Loan Errors	Foley & Lardner LLP
13 Dec	IRS Announces 2023 Increases to Estate and Gift Tax Exclusions	Miller Canfield
12 Dec	Estate Planning for Football Season Ticket Holders	Varnum LLP
1 Dec	FRB and FDIC Provide Resolution Plan Feedback to Eight U.S. G-SIBs	Cadwalader, Wickersham & Taft LLP
21 Nov	2022 Year-End Estate Planning Update	K&L Gates
21 Nov	Preventing Post-Death Issues for a Wisconsin Will: Where There’s a Will, There’s a Way	Foley & Lardner LLP
21 Nov	Three Options for Charitable Giving	Foley & Lardner LLP
17 Nov	2022 Year-End Estate Planning Advisory	Katten
16 Nov	401(K) Compliance Check #11 – Tackling Beneficiary Designations	Foley & Lardner LLP
15 Nov	Court Holds That Trustee Who Engaged In Self-Interested Transactions Did Not Have Standing To Challenge Guardianship Proceeding Involving The Beneficiary	Winstead
30 Oct	Texas Supreme Court Justice Authors Opinion Arguing That Claim Regarding Contingent Remainder Beneficiary Status Was Ripe	Winstead
26 Oct	IRS Provides Updated Gift Exclusions for 2023	Strassburger McKenna Gutnick & Gefsky
21 Oct	Inflation Brings Estate And Gift Tax Changes	Stubbs Alderton & Markiles, LLP
17 Oct	Enforcement Of Will/Trust Provisions Giving The Fiduciary The Power To Construe The Document	Winstead
11 Oct	Ambiguities in a Will – The Doctrine of Probable Intent	Stark & Stark
11 Oct	Probate & Fiduciary Litigation Newsletter - October 2022	Goulston & Storrs
9 Oct	With Recent Court Decision, Out-of-State Owners of New York Houses Can Breathe Easier	Proskauer Rose LLP
3 Oct	Greener Pastures: Five Things to Consider When Leaving One Jurisdiction for Another	Katten
3 Oct	Appellate Court Affirms Findings That Decedent’s Will Was Not A Product Of Undue Influence And That He Had Mental Capacity	Winstead
3 Oct	Appellate Court Denies Mandamus Regarding A Trial Court’s Initial Disclosure Order In An Estate Case	Winstead
30 Sep	TPR’s Pledge to Combat Pension Scams Gains Increasing Popularity with Trustees	Squire Patton Boggs (US) LLP
29 Sep	When A Business Trust Might Also Be A Foreign Corporation	Allen Matkins Leck Gamble Mallory & Natsis LLP
23 Sep	Extension of Time to Elect Portability	Norris McLaughlin P.A.
23 Sep	IRS Extends Time to Elect Portability	Norris McLaughlin P.A.
22 Sep	How an Estate Plan Can Protect Against Financial Exploitation	Ward and Smith, P.A.
22 Sep	Estate Planning for Student-Athletes: Building a Playbook for Success in the Era of NILs	Varnum LLP
19 Sep	Weekly IRS Roundup September 12 – September 16, 2022	McDermott Will & Emery
15 Sep	Increases to 2023 Estate and Gift Tax Exemptions Announced	Varnum LLP
14 Sep	HUD Releases Update to HECM Program Requirements for HECMs Due and Payable Due to Death of Borrower	Bradley Arant Boult Cummings LLP
24 Aug	Your Horse May Be Subject to IRS Seizure	Greenberg Traurig, LLP
23 Aug	How to Become an Estate Planning Attorney	PracticePanther
19 Aug	The Inflation Reduction Act and Estate Planning	Nelson Mullins
19 Aug	The IRS Extends Time to Make Portability Election	Davis\|Kuelthau, s.c.
10 Aug	Estate Planning Marketing: Tips & Tricks to Grow Your Practice	Lawmatics
6 Aug	Court Reversed Order Admitting a Will to Probate as a Muniment of Title Due to the Statute of Limitations	Winstead
6 Aug	Court Construed a Will to Provide That Mineral Interests Were Devised to the Surviving Daughter’s Family and to Cut Out a Predeceased Daughter’s Family	Winstead
1 Aug	Budget Reconciliation Package – What Family Offices Need to Know [VIDEO]	Foley & Lardner LLP
1 Aug	IRS Extends Portability Election	Roetzel & Andress LPA
29 Jul	Estate Planning Considerations That Apply to Nearly Everyone	Ward and Smith, P.A.
29 Jul	Important Documents to Consider Before Your Child Goes to College	Stark & Stark
22 Jul	Be Mindful of Income Tax in Estate Planning, Particularly Basis	Ward and Smith, P.A.
21 Jul	A Work of Art? Ninth Circuit Analyzes Foreign Judgments and Fair Use	McDermott Will & Emery
15 Jul	"Generation-Sharing" - Tax Planning That Benefits the Entire Family	Ward and Smith, P.A.
14 Jul	North Carolina Adopts Law to Permanently Allow Remote Online Notarization	Womble Bond Dickinson (US) LLP
13 Jul	An Update on the UK Trust Registration Service	McDermott Will & Emery
11 Jul	Weekly IRS Roundup July 4 – July 8, 2022	McDermott Will & Emery
5 Jul	Joint Trusts: A Useful Tool for Some Married Couples	Ward and Smith, P.A.
30 Jun	5 Questions You Should Be Asking About Succession Planning for Your Family Office	Katten
29 Jun	Important Estate Related Proposals and Changes for 2022	Stark & Stark
29 Jun	Estate Planning During Periods of Inflation and Market Volatility	Polsinelli PC
22 Jun	Probate & Fiduciary Litigation Newsletter - June 2022	Goulston & Storrs
21 Jun	Texas Supreme Court Holds That Parties May Not Be Entitled To Jury Trials For Trust Modification Proceedings And Remands For Constitutional Review	Winstead
21 Jun	Texas Supreme Court Holds That A Director Of A Corporation Cannot Hold An Informal Fiduciary Duty To A Stockowner	Winstead
14 Jun	Court Affirmed Admitting A Codicil To Probate As The Testator Had Mental Capacity And Was Not Unduly Influenced And Discussed Expert Testimony Issues	Winstead
14 Jun	Court Affirmed Order Denying A Family Allowance	Winstead
9 Jun	Tangible vs. Intangible Assets in Estate Administration	Stark & Stark
8 Jun	Making a Difference: Charitable Trust Planning	Ward and Smith, P.A.
5 Jun	Suing Attorneys In Texas For Participating in Fiduciary Breaches	Winstead
31 May	Appellate Court Rules On Supersedeas Issues For Appeal Of Breach Of Fiduciary Duty Judgment	Winstead
23 May	Court Holds That Initialing A Will Is Sufficient To Meet The Execution Requirement	Winstead
17 May	Revocable Trusts – Separating Fact from Fiction	von Briesen & Roper, s.c.
16 May	Texas Passes A New Law To Punish Elder Financial Abuse	Winstead
15 May	Texas Supreme Court Dismisses Claims By Co-Trustee And Beneficiary Due To Statute Of Limitations And Clarifies That An Unnamed Contingent Beneficiary Can Have Standing To Sue	Winstead
10 May	In the Crosshairs: Guns in Estate Planning	Davis\|Kuelthau, s.c.
29 Apr	Appellate Court Affirmed Receivership Order Where Appellant Waived His Complaints By Not Securing Rulings And By Not Challenging All Potential Grounds Upon Which The Order Was Based	Winstead
22 Apr	Court Affirms Orders Against A Trustee Granting Injunctive Relief And Appointing A Receiver	Winstead
22 Apr	Court Reversed Order Appointing Temporary Administrator Due To A Lack Of A Bond	Winstead
22 Apr	When Is a Deal a Deal?	Ward and Smith, P.A.
20 Apr	Probate & Fiduciary Litigation Newsletter - April 2022	Goulston & Storrs
13 Apr	Court Held That A Beneficiary’s Claims Against The Estate Of The Trustee Was Not Barred By Limitations	Winstead
11 Apr	Weekly IRS Roundup April 3 – April 9, 2022	McDermott Will & Emery
8 Apr	Favorable Changes to Estate, Gift and GST Tax Laws Under the Tax Cuts and Jobs Act	Mintz
5 Apr	Court Affirmed Admission Of Will To Probate Over Challenges To Testimony Based On Lack Of Medical Training By A Non-Medical Witness And From An Anesthesiologist	Winstead
5 Apr	Texas Court Held That Wife’s Trust Funds Were Her Separate Property And Was Not Converted To Community Property Despite Being Transferred To A New Trust	Winstead
30 Mar	Red Flags Indicating a Potentially Invalid Will	Stark & Stark
27 Mar	Appellate Court Held That It Did Not Have Jurisdiction Over A Probate Court’s Order Denying A Motion For Summary Judgment And Motion To Vacate Appointment Of A Successor Administrator	Winstead
25 Mar	The Internal Revenue Service (IRS) Issues Proposed Minimum Distribution Rules	Stark & Stark
16 Mar	Thinking of Establishing Florida Residency? What to Consider Before Changing Your Legal Residence	Varnum LLP
16 Mar	The Big Reveal: Corporate Transparency and What It Means for Pension Scheme Trustees	Squire Patton Boggs (US) LLP
14 Mar	Bankruptcy 101: The “Estate” and “Property of the Estate”	Nelson Mullins
13 Mar	Texas Court Rejects Trustee’s Objection to Personal Jurisdiction	Winstead
13 Mar	Court Affirmed Order Granting Injunction to Allow Successor Trustees to Manage a Business Owned By a Trust	Winstead
11 Mar	Make Estate Planning a Point of Focus in 2022	Ward and Smith, P.A.
4 Mar	Court Holds That Trust Was Not Ambiguous and Provided the Trustee Discretion in Making Income Distributions	Winstead
4 Mar	Key Tax Planning Rates for March 2022	Nelson Mullins
2 Mar	The Annual Exclusion for Gift Taxes has Increased to $16,000 – What Issues Should I Consider?	Stark & Stark
14 Feb	Court Reversed Summary Judgment Against Trustee Where Beneficiary’s Affidavit Evidence Was Conclusory	Winstead
14 Feb	Nearly 700 Reports Financial Abuse of Elders/Dependent Adults Received By DFPI	Allen Matkins Leck Gamble Mallory & Natsis LLP
14 Feb	Court Held That The Estate Planning Privity Rule Barred Granddaughter’s Claim For Malpractice Against Her Grandmother’s Attorneys Regarding The Failure To Execute A New Will	Winstead
10 Feb	IRS Provides Temporary Guidance on Stock Distributions by Publicly Offered RICs and REITs	Vedder Price
8 Feb	Removal of An Executor of An Estate	Stark & Stark
8 Feb	Power of Attorney: Useful, When Executed Correctly!	Strassburger McKenna Gutnick & Gefsky
2 Feb	Probate & Fiduciary Litigation Newsletter - February 2022	Goulston & Storrs
2 Feb	FDIC Modifies Deposit Rules for Trusts	Nelson Mullins
21 Jan	Separate Property Basics Part III: It’s Yours, But Could Be Mine	Varnum LLP
14 Jan	DOL Statement on Private Equity Investment Emphasizes Fiduciary Responsibility	Proskauer Rose LLP
10 Jan	FinCEN Seeks Guidance on Applying Corporate Transparency Act Reporting Obligations to Trusts and Estates	McDermott Will & Emery
6 Jan	Gift, Estate, and GST Tax Exclusion and Exemption Amounts: The Numbers Go Up!	Pierce Atwood LLP
3 Jan	Gift and Estate Tax Changes	Stark & Stark
2 Jan	Court Holds That Probate Court Had Jurisdiction Over Inter Vivos Trust Dispute And That A Beneficiary Waived A Complaint About A “No Liability” Order For A Trustee	Winstead
28 Dec	2021 Year-End Estate Planning Update	Much Shelist, P.C.
3 Dec	House Bill Proposes Changes for Estate Planning Under the Build Back Better Act; Senate Yet to Act	Varnum LLP
22 Nov	2021 Year-End Estate Planning Advisory	Katten
22 Nov	Counsel Fee Award When Contesting A Will	Stark & Stark
19 Nov	Court Affirms Decision That Executor Applicant Was Unsuitable For That Position	Winstead
19 Nov	Court’s Order Ending Family Allowance To Decedent’s Wife Was Reversed Due To A Lack Of Notice To The Wife	Winstead
12 Nov	Mezhprom v Lenux (2021) : When Should Offshore Trustees Participate in Foreign Proceedings?	McDermott Will & Emery
12 Nov	Build Back Better Act I, II, III: Current Version and Trusts and Estates	ArentFox Schiff LLP
29 Oct	When Congress Says, “Never Mind”, Does It Mean It? The latest news regarding changes to the Gift and Estate Tax Laws.	Davis\|Kuelthau, s.c.
22 Oct	Court Holds That Trust Owned Mineral Interests And Not The Settlor’s Wife	Winstead
22 Oct	Court Reverses Receivership In Trust Dispute Where It Failed To Require The Applicant To Post A Bond	Winstead
21 Oct	Can Your Ownership In Your Disadvantaged Business Enterprise Be Held in A Trust?	Strassburger McKenna Gutnick & Gefsky
15 Oct	Disappearing Act: What You Need to Know About the Estate and Gift Tax Provisions of the House Ways and Means Committee Tax Proposals	von Briesen & Roper, s.c.
12 Oct	Injunctive Relief to Prevent Monetary Damages in Estate Litigation	Stark & Stark
11 Oct	Court Reversed Trial Court On Interpretation Of Trust Regarding Per Stirpes Versus Per Capita Distributions	Winstead
5 Oct	Update - Tax Proposals of the House Ways and Means Committee: Reconciliation Bill to Target Trusts, Estates, and the Wealthy	Winstead
27 Sep	Big Changes on the Horizon for Clients	Goulston & Storrs
22 Sep	House Ways and Means Committee Proposed Tax Changes Impacting High-Net Worth and High-Income Individuals	Nelson Mullins
22 Sep	Probate & Fiduciary Litigation Newsletter - September 2021	Goulston & Storrs
17 Sep	Estate Tax Watch 2021: House Ways and Means Committee Proposal Lowers Estate Tax Exemption	Wiggin and Dana LLP
17 Sep	Tax Reform Is Coming: What It Could Mean for You	McDermott Will & Emery
17 Sep	Enormous Changes to Estate Tax Planning May Be on the Horizon	Much Shelist, P.C.
17 Sep	Tax Proposals of the House Ways and Means Committee: Reconciliation Bill to Target Trusts, Estates, and the Wealthy	Winstead
14 Sep	Estate Tax and the Build Back Better Act: Threats and Opportunities Before Year End	ArentFox Schiff LLP
14 Sep	Counsel Fees in Probate Litigation, Even if Unsuccessful	Stark & Stark
10 Sep	A Simple Solution for Your Stuff: The Use of a Separate Writing for the Disposition of Tangible Personal Property	Nelson Mullins
8 Sep	Does It Matter if a Trust Is Revocable or Irrevocable? Yes, It Matters a Lot!	Norris McLaughlin P.A.
7 Sep	Financial Assistance to Troubled Multiemployer Pension Plans: Initial ARPA Regulation	Epstein Becker & Green, P.C.
27 Aug	Texas Court Does Not Have Personal Jurisdiction Over A Trustee Of A Trust With Texas Timber Rights	Winstead
25 Aug	Gift Assets Now	Wiggin and Dana LLP
25 Aug	What “Divorce Documents” Do I Need Before Filing for Divorce?	Stark & Stark
25 Aug	Dynasty Trusts	Wiggin and Dana LLP
25 Aug	GRATS — Grantor Retained Annuity Trusts	Wiggin and Dana LLP
25 Aug	SLATS — Spousal Lifetime Access Trusts: Summer 2021	Wiggin and Dana LLP
24 Aug	South Carolina Ruling Gives Lenders Flexibility on When to Foreclose in Face of Borrower Litigation	Bradley Arant Boult Cummings LLP
20 Aug	Relative Had Standing To Assert Slayer Statute And Declaration Regarding Rights To Insurance Proceeds Over Victim’s Estate	Winstead
17 Aug	Washington’s New Long-term Care Benefit Program: Important Deadlines Loom!	Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
4 Aug	Domicile Planning – Which State is Your Permanent Home Located?	Nelson Mullins
2 Aug	Five Keys to Creating a Successful Family Entity	Goulston & Storrs
26 Jul	Impact of President Biden's Tax Plan on Estate Planning	Polsinelli PC
21 Jul	Guardianship Issues Highlighted by #FreeBritney	Norris McLaughlin P.A.
21 Jul	Musings of Retirement Plan Fiduciaries: Episode Two	Jackson Lewis P.C.
21 Jul	OFAC Sanctions Update – June 2021	Squire Patton Boggs (US) LLP

February 7, 2023

Volume XIII, Number 38

47

February 07, 2023

February 06, 2023

February 05, 2023

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