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South Carolina expands malpractice claims against estate planners

  • Bryan Cave LLP
  • -
  • USA
  • -
  • January 14 2015

Add South Carolina to the growing list of states that have expanded the ability of third parties to sue estate planners for legal malpractice. The

Your estate planning New Year’s resolution checklist

  • Bryan Cave LLP
  • -
  • USA
  • -
  • December 30 2014

Need a New Year's resolutions to kick start 2015? Here is an idea you probably hadn't considered: review your estate planning documents. If you are

How is an Illinois trust now like a fine wine? It can be decanted: a summary of the new Illinois decanting statute

  • Bryan Cave LLP
  • -
  • USA
  • -
  • May 16 2013

Effective January 1, 2013, Illinois statute authorizes "decanting" of irrevocable trusts. What is decanting, you ask? Isn't that something you do

Can a breach of fiduciary duty land a fiduciary in jail?

  • Bryan Cave LLP
  • -
  • USA
  • -
  • March 21 2013

We spend a lot of time here looking at civil cases involving corporate and individual fiduciaries. That doesn't mean that the wrongful acts

IRS posts final Form 8960 instructions for Net Investment Income Tax

  • Bryan Cave LLP
  • -
  • USA
  • -
  • March 4 2014

The Internal Revenue Service has posted final instructions to Form 8960, Net Investment Income TaxIndividuals, Estates, and Trusts, to its

Federal tax consequences of trust modificationreformation: score one for the taxpayer

  • Bryan Cave LLP
  • -
  • USA
  • -
  • June 13 2013

When is a modification or reformation of an irrevocable trust given effect for Federal tax purposes? In each of two recent private letter rulings

It’s income tax time again . . . But don’t forget about the gift tax return

  • Bryan Cave LLP
  • -
  • USA
  • -
  • March 26 2014

It's that time of the year againtax time! Like it or not, when tax season rolls around it is time for most Americans to add "do taxes" to the

Washington court finds Alaska self-settled asset protection trust subject to Washington Uniform Fraudulent Transfer Act

  • Bryan Cave LLP
  • -
  • USA
  • -
  • June 28 2013

The Bankruptcy Court for the Western District of Washington has now joined other states in invalidating transfers to a self-settled trust on a

Breach of fiduciary duty by successor attorney-in-fact under power of attorney

  • Bryan Cave LLP
  • -
  • USA
  • -
  • June 27 2013

An attorney-in-fact owes fiduciary duties to his or her principal when acting pursuant to a power of attorney. When an attorney-in-fact acts contrary

The use of expert witnesses in breach of fiduciary duty cases

  • Bryan Cave LLP
  • -
  • USA
  • -
  • January 24 2013

The role of experts in breach of fiduciary duty cases is an emerging and unsettled area of law. Of course there will always be questions about