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Results: 1-10 of 268

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


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


Trustee was authorized to convey not distribute property to estate of deceased trust beneficiary
  • Bryan Cave LLP
  • USA
  • March 19 2013

Time to get into the weeds on the scope of a trustee's powers. There are basically two sources of power for a trustee - the trust instrument and


IRS rules on estate tax treatment of joint trust created in non-community property state
  • Bryan Cave LLP
  • USA
  • November 21 2014

Several non-community property states have recently enacted statutes authorizing the creation of a joint trust by spouses that would be treated as


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


Does a trustee’s lawyer owe a fiduciary duty to the trust beneficiaries?
  • Bryan Cave LLP
  • USA
  • May 20 2015

There is seemingly a line - at least under Florida law - that will not yet be crossed in the expanding world of third parties who purportedly owe


Fraud and undue influence in non-probate transfers of assets
  • Bryan Cave LLP
  • USA
  • May 21 2012

Non-probate transfers of assets can be tough to attack


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


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


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