Estates & Trusts

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.

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May
18
2016
 Counseling Issues in Estate Planning - Bootcamp for Financial Advisors, Session 1, Part 3 [VIDEO] Odin, Feldman & Pittleman, P.C.
Nov
19
2020
 Court Addresses Claims Against A Trustee Arising From The Management Of A Limited Partnership Interest Winstead
Jun
1
2023
 Court Affirmed a Judgment That a Will Was Invalid Due to Mental Incapacity Winstead
May
31
2020
 Court Affirmed A Trial Court’s Holdings On The Removal Of A Trustee, The Trustee’s Discretion To Construe A Trust, A Trustee’s Advice Of Counsel And In Terrorem Defenses, And The Termination Of A Trust Winstead
Apr
5
2022
 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
Jun
14
2022
 Court Affirmed Admitting A Codicil To Probate As The Testator Had Mental Capacity And Was Not Unduly Influenced And Discussed Expert Testimony Issues Winstead
Mar
10
2023
 Court Affirmed An Order Holding That A Deceased Astronaut’s Artifacts Were His Separate Property Winstead
Jan
18
2021
 Court Affirmed An Order Modifying A Trust Where The Complaining Beneficiaries Were Not Affected By The Modification, Where The Modification Was Not Contrary To The Purpose Of The Trust, And Where The Beneficiaries Waived Their Right To A Jury Trial Winstead
Sep
22
2020
 Court Affirmed Arbitration Decision Because Multiple Documents Regarding The Resignation And Appointment Of A Trustee Constituted One Large Transaction Winstead
Feb
26
2024
 Court Affirmed Award of Damages Against Trustee Due to Breach of Duty to Disclose, Held that Trust was Terminated and Disclaimer was Effective, and Affirmed Award of Attorney’s Fees Against Trustee and Refusal to Allow Trustee to Reimburse Herself Winstead
Nov
25
2020
 Court Affirmed Finding That An Applicant Was Not Equitably Adopted Where There Was No Evidence Of An Agreement To Adopt The Applicant Winstead
Oct
23
2020
 Court Affirmed Finding That Testator Had Capacity To Execute A Will, Was Not Unduly Influenced, And That The Appointment of Co-Executors Was Appropriate Winstead
Jun
14
2022
 Court Affirmed Order Denying A Family Allowance Winstead
Mar
13
2022
 Court Affirmed Order Granting Injunction to Allow Successor Trustees to Manage a Business Owned By a Trust Winstead
Aug
27
2023
 Court Affirmed Order Removing A Power Of Attorney Agent For Breaches Of Fiduciary Duty Winstead
Jan
17
2023
 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
Sep
30
2020
 Court Affirmed Summary Judgment For Successor Trustees Due To A Clause Stating That They Had No Duty To Investigate Former Trustee’s Actions Winstead
Aug
15
2023
 Court Affirmed Temporary Injunction Precluding a Surviving Spouse from Acting as Trustee of a Trust Winstead
Mar
20
2023
 Court Affirmed The Decision To Not Probate A Copy Of A Lost Will Winstead
Mar
14
2021
 Court Affirmed Trial Court’s Reformation Of A Will To Omit The Word “Personal” From The Term “Property” In A Residuary Clause Winstead
Nov
19
2021
 Court Affirms Decision That Executor Applicant Was Unsuitable For That Position Winstead
Sep
6
2023
 Court Affirms Finding Of An Oral Trust And Breach Of Duty By The Trustee Winstead
Jan
30
2023
 Court Affirms Judgment In Divorce Proceeding That Property Was Community Even Though It Was Purchased With Trust Assets Winstead
Aug
27
2023
 Court Affirms Order Voiding Marriage Between Decedent And His Niece Winstead
Apr
22
2022
 Court Affirms Orders Against A Trustee Granting Injunctive Relief And Appointing A Receiver Winstead
Oct
10
2023
 Court Affirms Receivership In Trust Case Based Solely On An Alleged Failure To Disclose And Did Not Require Traditional Equitable Requirements For Receivership Relief Winstead
Nov
2
2020
 Court Affirms That Children Cannot Sue on Behalf of a Parent Solely by Virtue of Being the Parent’s Child Norris McLaughlin P.A.
Aug
6
2022
 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
Feb
21
2023
 Court Construes A Trust To Allow A Trustee To Sell Real Estate And To Consider The Proceeds As Principal Of The Trust Winstead
May
15
2023
 Court Discusses Holding An Executor In Contempt For Commingling Property Winstead
Nov
2
2020
 Court Dismissed Appeal By Pro Se Individual Who Could Not Represent An Estate Winstead
Apr
28
2020
 Court Dismissed Appeal From Order Denying Motion To Remove Executor Because Attorney’s Fees Claim Was Still Unresolved Winstead
Apr
11
2021
 Court Finds That Party Lacked Standing In A Probate Proceeding Where She Was Not An Informal Spouse Winstead
Jan
30
2023
 Court Granted Mandamus Relief To Order District Court To Abate Trust Dispute Due To Earlier Filed Suit In Probate Court Winstead
Aug
24
2020
 Court Granted Mandamus Relief To Reverse A Probate Court’s Order Transferring A Case To A District Court Winstead
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