Download or read book Trust Protectors A Practice Manual with Forms written by Alexander A. Bove, Jr. and published by Juris Publishing, Inc.. This book was released on 2014-09-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trust protector is generally regarded as a relatively new position in trust law, and the key feature of the position is that the protector may be granted powers over the trust, which are generally superior to those of the trustee. This places the protector in a position where, by the exercise of his powers, he can cause the trust to adjust to unforeseen changes or new conditions without the need for court action or beneficiary approval. This work takes the firm position that, with only limited exception, the role of the protector is a fiduciary one, imposing on the protector a duty to act in the best interests of the purposes of the trust and the beneficiaries. Unfortunately, a substantial segment of the legal community, as well as the legislative bodies of a number of international jurisdictions, have taken a position that the protector is not a fiduciary, or that he may be declared in the trust not to be a fiduciary, and that the power granted him under the trust may be declared to be personal powers, whether or not such is the case, and thus he would have no liability for his actions or inactions while serving as protector. This “attraction” of providing total exculpation of the protector has effectively engendered a quick acceptance of the position by the bulk of the legal community and even by the legislatures of a number of jurisdictions, though almost totally unsupported by relevant case law. As a result, we have been seeing trusts which incorporate the use of a protector having the power to make critical dispositive and administrative decisions, as well as extensive modifications to the trusts without being exposed to liability for negligence or bad decisions which result in damages. This work will examine in detail the role of the protector of the trust, the relationship between the protector and the trustee, between the protector and the beneficiaries, and the protector’s responsibilities to the purposes of the trust. It will demonstrate with legal support that the role of the protector is not a new role, that, in fact, the protector is simply a new name for the decades-old position of trust “advisor,” and that the trust advisor is consistently regarded as a fiduciary in relevant treatises and has been repeatedly held to be a fiduciary in relevant cases. The discussion will also review and analyze the historical issues and professional commentary relevant to trust law and the role of protector, as well as case decisions in various international jurisdictions which have shed light on the issues and some of the positions taken in the statutes of a number of jurisdictions in the United States and across the world. All legal aspects of the role will be examined, including the rights of the protector, the protector’s relationship to the trustee, and the courts’ regard for and treatment of the position. Further, the work will discuss in detail all of the practical considerations in using a protector, such as selection and special drafting considerations, the use of a protector in a foundation, and, in brief, the numerous tax issues that may apply. The conclusion will be that with only very limited exception, which will be explained, the protector is unquestionably a fiduciary, and just as a trustee, he should be held to fiduciary standards. Accordingly, while it is certainly possible to grant personal powers to an individual under a trust, those powers per se conflict with the duties of a protector. And while it is also possible to reduce the fiduciary liability of a protector to a minimum, it is not possible to eliminate it entirely, regardless of trust language attempting to do so.
Download or read book Elder Law Forms Manual written by Margolis and published by Wolters Kluwer. This book was released on 1999-07-21 with total page 1540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renowned expert Harry Margolis shares his insight and experience in the ElderLaw Forms Manual, to help you better represent your elderly client. This two volume looseleaf manual contains more than 100 key forms and documents to help you: Organize a high-volume elder law practice Market your services to your clients Customize estate and Medicaid plans Provide the personalized service your clients deserve. These practice-tested forms are designed specifically for handling the special problems that arise in the representation of older clients. Each form is accompanied by practical, insightful commentary from Harry Margolis, telling you when and how each should be used. Many documents include a range of alternative clauses for common and not-so-common situations. The 20 chapters are organized into five parts: Managing the Elder Law Practice Estate and Long-Term Care Planning Powers of Attorney, Medical Directives and Wills Trusts Miscellaneous. ElderLaw Forms Manual saves hours of research and drafting time, simplifies information gathering, and gives you a competitive edge in this growing practice area. All the forms are included on an accompanying CD-ROM. ElderLaw Forms Manual is featured in Elder Law Library on IntelliConnect and coming soon to Cheetah.
Download or read book Loring and Rounds A Trustee s Handbook 2024 Edition written by Rounds and published by Wolters Kluwer Law & Business. This book was released on with total page 1942 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Loring and Rounds A Trustee s Handbook 2017 Edition IL written by Rounds and published by Wolters Kluwer. This book was released on 2016-12-19 with total page 1902 pages. Available in PDF, EPUB and Kindle. Book excerpt: Loring and Rounds: A Trustee's Handbook--well over 1,550 pages-- is regarded not only as authoritative but also as the most convenient, reliable, and complete single-volume source for trust doctrine. Get in-depth information on how to stay on top of the developments in this complex field of practice. The Handbook carries on the tradition of concise, practical, and up-to-date guidance for trustees, a tradition that began in 1898 with the First Edition. This classic trust reference distills the essence of trust law, illuminating the fundamental principles and answering the basic questions. Loring and Rounds: A Trustee's Handbook, 2017 Edition is up to date and includes eleven chapters of important information, such as chapters on: The Property Requirement The Trustee's Office Interests Remaining with the Settlor The Beneficiary The Trustee's Duties The Trustee's Liabilities Miscellaneous Topics of General Interest to the Trustee Special Types of Trusts The Income Taxation of Trusts Tax Basis/Cost of Trust Property
Download or read book Loring and Rounds A Trustee s Handbook 2020 Edition IL written by Rounds and published by Wolters Kluwer. This book was released on 2019-11-21 with total page 1864 pages. Available in PDF, EPUB and Kindle. Book excerpt: Loring and Rounds: A Trustee's Handbook--well over 1,550 pages-- is regarded not only as authoritative but also as the most convenient, reliable, and complete single-volume source for trust doctrine. Get in-depth information on how to stay on top of the developments in this complex field of practice. The Handbook carries on the tradition of concise, practical, and up-to-date guidance for trustees, a tradition that began in 1898 with the First Edition. This classic trust reference distills the essence of trust law, illuminating the fundamental principles and answering the basic questions. Loring and Rounds: A Trustee's Handbook, 2020 Edition is up to date and includes eleven chapters of important information, such as chapters on: The Property Requirement The Trustee's Office Interests Remaining with the Settlor The Beneficiary The Trustee's Duties The Trustee's Liabilities Miscellaneous Topics of General Interest to the Trustee Special Types of Trusts The Income Taxation of Trusts Tax Basis/Cost of Trust Property Previous Edition: Loring and Rounds: A Trustee's Handbook, 2019 Edition, ISBN 9781454899723
Download or read book Loring and Rounds A Trustee s Handbook 2021 Edition written by Rounds and published by Wolters Kluwer. This book was released on 2020-12-11 with total page 1884 pages. Available in PDF, EPUB and Kindle. Book excerpt: Loring and Rounds: A Trustee's Handbook is an invaluable practical resource that addresses the rights, duties, and obligations of the parties once the trustee takes title to trust property. This Handbook steers you through this complex field, providing property owners with a mechanism for seeing to the needs of beneficiaries in cost-effective, creative, efficient, and flexible ways. Loring and Rounds: A Trustee's Handbook is a handy, ready reference, and a gateway to the treatises, restatements, law review articles, uniform statutes, and cases you need to know. This fully integrated and bound volume of the 2021 Handbook brings you up to date on the latest cases, statutes, and developments, as well as new or updated discussion of topics as follow: The Handbook continues the lengthy process of pruning some of the deadwood; significant exposition has been cut, revised, or combined. In sum, the Handbook is now even leaner, meaner, and more usable than ever. In addition, numerous new cases and secondary sources have been added. These include the following: The 2021 Handbook fully covers the fourth income and principal act issued by the Uniform Law Commission, namely the Uniform Fiduciary Income and Principal Act (2018), otherwise known as UFIPA. UFIPA has been covered extensively in this edition and has been added in many separate sections. A new section covers remedies at law for breaches of trust, such as the tort of intentional interference with inheritance or acquisition by inter vivos transfer. In addition, the Handbook has been updated with 200+ new cases, including: Roth v. Jelley, holding that, when it comes to a judicial proceeding that could adversely affect the equitable property rights of a trust beneficiary,the beneficiary is entitled under the Due Process Clause of the Fourteenth Amendment to notice and an opportunity to be heard. This case also discusses the various consequences attendant to the failure to provide such notice. Hector v. Bank of N.Y. Mellon, where the court, having in part looked to the Restatement (Third) for guidance, held that the designated passive corporate trustee of a securitized fund of mortgage-backed notes would not be personally at fault, and therefore, not personally liable for any injuries to the tenants of a certain parcel of real estate, title to which the trustee had acquired via foreclosure, that might be occasioned by their exposure to lead paint in and about the premises. Murphy v. Trustee of Star Financial Bank, a case discussing the unfortunate linkage of survivorship and per stirpes: "to their surviving children per stirpes." The court held that the way in which "surviving" and "per stirpes" were linked rendered the provision itself ambiguous in that the "condition of survival negates the right of representation inherent in a per stirpes distribution." 2020 Tax Rates for Trusts and 2021 Projected Tax Rate Schedule for Trusts Note: Online subscriptions are for three-month periods. Previous Edition: Loring and Rounds: A Trustee's Handbook, 2020 Edition, ISBN 9781543818666
Download or read book Loring and Rounds A Trustee s Handbook 2019 Edition IL written by Rounds and published by Wolters Kluwer. This book was released on 2018-12-17 with total page 1830 pages. Available in PDF, EPUB and Kindle. Book excerpt: Loring and Rounds: A Trustee's Handbook--well over 1,550 pages-- is regarded not only as authoritative but also as the most convenient, reliable, and complete single-volume source for trust doctrine. Get in-depth information on how to stay on top of the developments in this complex field of practice. The Handbook carries on the tradition of concise, practical, and up-to-date guidance for trustees, a tradition that began in 1898 with the First Edition. This classic trust reference distills the essence of trust law, illuminating the fundamental principles and answering the basic questions. Loring and Rounds: A Trustee's Handbook, 2019 Edition is up to date and includes eleven chapters of important information, such as chapters on: The Property Requirement The Trustee's Office Interests Remaining with the Settlor The Beneficiary The Trustee's Duties The Trustee's Liabilities Miscellaneous Topics of General Interest to the Trustee Special Types of Trusts The Income Taxation of Trusts Tax Basis/Cost of Trust Property Note: Online subscriptions are for three-month periods. Previous Edition: Loring and Rounds: A Trustee's Handbook, 2018 Edition, ISBN 9781454883883
Download or read book Family Trusts written by Hartley Goldstone and published by John Wiley & Sons. This book was released on 2015-10-05 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: An insightful and practical guide to family trusts Family Trusts is a step-by-step guide for anyone involved in family trusts: trust creators, trustees, beneficiaries, and advisors. It will help families create and administer a culture that recognizes trusts as a gift of love. Marrying the practical and emotional aspects of family wealth, this book provides a hands-on primer that focuses on fostering positive relationships, and structuring the trust appropriately for the situation and the people involved. It tackles difficult topics with frank and honest discussion, from the first beneficiary meeting to working with addictions, and more. Written by a team of experts in family wealth, this information is becoming increasingly crucial to the successful execution of a trust; you'll learn what type of person makes the best trustee, how to be an excellent beneficiary, and the technical aspects that help you build a better trust from the very beginning. There's been a staggering increase in trustee/beneficiary litigation and hostility, but that doesn't mean it's inevitable. Plenty of trusts are running smoothly, with positive experiences on all sides. This book shows you how to set up your trust to succeed from the start, with step-by-step guidance and expert insight. Express clear and thoughtful intent for the trust Create a healthy and supportive culture Select the right trustee, trust protector, and trust advisor Take the time to prepare before initially meeting the beneficiary Conduct a productive first meeting to set a tone for the relationship Historically, there has been little consideration given to the culture of trusts, and this oversight may be a key driver of the behavior that's becoming more prevalent. Family Trusts explores the nature of these relationships, and shows you how to build a trust that retains the nature and spirit with which it was intended.
Download or read book Loring and Rounds written by Charles E. Rounds, Jr. and published by Wolters Kluwer. This book was released on 2015-12-18 with total page 1874 pages. Available in PDF, EPUB and Kindle. Book excerpt: Loring and Rounds: A Trustee's Handbook--well over 1,550 pages--is regarded not only as authoritative but also as the most convenient, reliable, and complete single-volume source for trust doctrine. Get in-depth information on how to stay on top of the developments in this complex field of practice. The Handbook carries on the tradition of concise, practical, and up-to-date guidance for trustees, a tradition that began in 1898 with the First Edition. This classic trust reference distills the essence of trust law, illuminating the fundamental principles and answering the basic questions. Loring and Rounds: A Trustee's Handbook, 2016 Edition is up to date and includes eleven chapters of important information, such as chapters on: The Property Requirement The Trustee's Office Interests Remaining with the Settlor The Beneficiary The Trustee's Duties The Trustee's Liabilities Miscellaneous Topics of General Interest to the Trustee Special Types of Trusts The Income Taxation of Trusts Tax Basis/Cost of Trust Property
Download or read book Loring and Rounds written by Jr. Charles E. Rounds and published by Wolters Kluwer Law & Business. This book was released on 2022-01-31 with total page 1916 pages. Available in PDF, EPUB and Kindle. Book excerpt: Loring and Rounds: A Trustee's Handbook (2022) is an invaluable practical resource that addresses the rights, duties, and obligations of the parties once the trustee takes title to trust property. This Handbook steers you through this complex field, providing property owners with a mechanism for seeing to the needs of beneficiaries in cost-effective, creative, efficient, and flexible ways. Loring and Rounds: A Trustee's Handbook (2022) is a handy, ready reference, and a gateway to the treatises, restatements, law review articles, uniform statutes, and cases you need to know. This fully integrated and bound volume of the Handbook brings you up to date on the latest cases, statutes, and developments, as well as new or updated discussion of topics as follow: The Handbook continues the lengthy process of pruning some of the deadwood; significant exposition has been cut, revised, or combined. In sum, the Handbook is now even leaner, meaner, and more usable than ever. In addition, numerous new cases and secondary sources have been added. These include the following: In the 2022 Edition, there are 91 judicial-decision references and 186 footnotes that were not in the 2021 Edition. Forty pre-existing footnotes have been revised along with their accompanying texts. There has been a major across-the-board expansion, re-organization, renovation, consolidation, coordination, and updating of the content devoted to the intersection of trust law and constitutional (U.S.) law. We have, for example, opened up a whole new section devoted entirely to relevant taking and due process jurisprudence. See §5.3.1A and its sub-sections. The Handbook's treatment of the Domestic Asset Protection Trust (DAPT) has been beefed up and consolidated in §9.28. While the Handbook has had much to say about the equitable doctrine of unclean hands as it pertains to trustee conduct, there has been little on its applicability to beneficiary conduct. This oversight has been corrected. See §§ 5.5 & 7.1.9. All this, and much more is included in the 2022 Edition of the Handbook.
Download or read book Contemporary Trusts and Estates written by Susan N. Gary and published by Aspen Publishing. This book was released on 2016-10-18 with total page 1063 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. The third edition of Contemporary Trusts and Estates captures the rapid evolution of doctrine in trusts and estates law that has occurred over the past half-century in response to profound societal and demographic changes. Based on recent developments in legal education, this casebook integrates legal analysis, judgment and perspective, ethics, and practice skills. It focuses simultaneously on the theoretical foundations and practical applications of the material, teaching students by using traditional case analysis and, at the professor’s option, innovative exercises. Features: Newly designed, with Wills now presented before Trusts New problems, exercises and cases ¿ Post-Obergefell v. Hodges developments for same-sex families More material on decanting and the new Uniform Trust Decanting Act Inclusion of the Uniform Powers of Appointment Act Discussion of planning for digital assets Incorporation of 2016 ACTEC Commentary on the Model Rules
Download or read book Living Trusts written by Dwight F. Bickel and published by Lexis Nexis Matthew Bender. This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This practice-oriented forms book contains everything necessary to understand, present & implement a living revocable or irrevocable trust. 1 Volume; Looseleaf; updated with annual revision.
Download or read book Trust Practice Manual written by Coopers & Lybrand Deloitte and published by . This book was released on 1990 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book 8 Living Trust Forms written by Peerless Legal and published by . This book was released on 2014-01-11 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the fastest ways to transfer property after your death is through a living trust because trusts are not required to go through probate court. In addition to saving time and avoiding probate costs, a trust lets you control who will receive property after you die. "8 Living Trust Forms" helps you create your own living trust forms to meet your needs. You'll discover how to: avoid probate, distribute property quickly, keep property distributions private, provide an alternative to creating a will, ensure your possessions will be distributed as you wish, reduce the potential family conflicts, and much more. For many people, a will is their first choice for passing on property to their loved ones, but it's not the only document that should be considered. Both a will and living trust contain your inheritance instructions, meaning they state who gets what property, when they will get it, and how they will get it. To create a living trust, a lawyer is not required or necessary, especially for simple living trusts. All you really need is a little bit of intelligence and the right information. A living trust can be an important part--and in some cases, the most important part--of your estate. A living trust can help ensure that your assets are managed according to your wishes, even if you become unable to manage the trusts yourself. Sample Living Trust Forms Include: Single Person Living Trust Married Living Trust Married AB Living Trust Florida Witness Statement for Living Trust Assignment of Property to a Living Trust Affidavit of Assumption of Duties by Successor Trustee Living Trust Amendment Revocation of Living Trust Checklist The Legal Self-Help Guide series provides information to those who want to understand their legal rights and responsibilities in an effort to resolve legal problems or know enough to feel confident in their decision to retain legal counsel. This Guide provides plain-English explanations as an alternative to the legal jargon that fills legal books. Express Your Rights. At Peerless Legal we believe the law is only useful when people have the tools they need to understand their rights. Join us on our quest to make the law usable and accessible to anyone. No CDs No Confusing Online Application Forms No Monthly (Or Hourly) Fees Save Time Save Money Make It Legal Learn Basics Learn more and get updates at www.PeerlessLegal.com.
Download or read book Loring and Rounds written by Charles E. Rounds, Jr. and published by Wolters Kluwer. This book was released on 2012-12-20 with total page 1764 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 114 years since its first publication, Augustus Peabody Loring 'scompact A Trustee's Handbook has come to be regarded as the mostconvenient, reliable, and complete source for trust research. This classicreference distills the essence of trust law, illuminating thefundamental principles and answering the basic questions:What are the duties of the trustee?What are the rights of the beneficiary?What are the rights of the settlor?What are the rights of third parties involvedLoring and Rounds: A Trustee's Handbook, 2013 Editioncarries on the tradition of concise, practical and up-to-date guidance fortrustees, giving you the latest in-depth information on how to stay on top ofthe developments in this complex field of practice.Loring and Rounds: A Trustee's Handbook is the gold standard andindispensable "go-to" resource for anyone seeking a comprehensive explanationof the vast tapestry of trust law. For over one hundred years it has been thebible for professionals and non-professionals, lawyers and non-lawyers whocreate, administer, and benefit from trusts.Also available on IntelliConnect . Call 888 -224 -7377 for moreinformation.
Download or read book The Tools Techniques of Trust Planning written by Stephan Leimberg and published by . This book was released on 2019-06-05 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Tools & Techniques of Trust Planning, 2nd Edition provides advisers with the most up-to-date information about the creation, administration, and modification of trusts for legal and estate planning professionals. Not only does this title deliver an expert overview of general trust information, but it explains how to use specific types of trusts to solve unique planning problems. Explorations of different types of trusts include detailed knowledge about: The types of trusts that are most commonly used How each type of trust came to be used The possible tax consequences for grantors and beneficiaries of using a particular type of trust The requirements for each type of trust and how they should be drafted How planning professionals such as attorneys, accountants, investment advisers, and trust officers should administer the trust to achieve the client's stated planning goals over the life of the trust In contrast to academic trust publications that focus on the ramifications of various trust terms and deep case law analysis, this resource provides a refreshing alternative in the form of a succinctly written collection of chapters on trending topics in trust planning. New in the 2nd Edition: Completely updated information to reflect the 2017 Tax Cuts and Jobs Act A new chapter on trust planning topics for blended families Updated state, federal, and international law updates for asset protection trusts New and more detailed real-world examples of trust planning scenarios that are most commonly encountered by planning professionals Current compliance and best practice information to help planners and other professionals avoid common mistakes and improve client satisfaction Topics Covered: The Role of Trust Protectors Marital Deduction and Bypass Trusts 2503(b) and 2503(c) Trusts Trusts and Divorce Trust Amendments Special Needs Trusts S Corporations and Trusts Grantor Retained Interest Trusts And more! See the "Table of Contents" section for a full list of topics As with all the resources in the highly acclaimed Leimberg Library, every area covered in this book is accompanied by the tools, techniques, practice tips, and examples you can use to help your clients successfully navigate the complex course of trust planning and confidently meet their needs.
Download or read book The Tools Techniques of Trust Administration written by Stephan Leimberg and published by . This book was released on 2019-09-25 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are trusts? Why do we need trusts? Find detailed answers to these questions in The Tools & Techniques of Trust Administration, which addresses fundamental concepts related to trusts. It provides an in-depth look at the issues most commonly faced by professional advisers who are creating, administering, modifying, or terminating a trust, such as: The process of creating a trust Selecting trust professionals, including trustees, trust protectors, and investment advisers and other professionals Deciding how to fund a trust Deciding how to protect and invest trust assets How to meet tax and other legal obligations while administering a trust How to fulfill the grantor's wishes with respect to distributions to the designated beneficiaries In addition, this book contains important information for advisers about what trusts can, and can't, do to meet the long-term planning needs of clients. Topics Covered: This first edition features 23 brand new chapters on topics related to trust information, covering: State and federal laws governing trusts administration The rights of beneficiaries, including disclaimers, trust accounting, and maintaining relationships with the professionals who are advising and serving the trust Tax filing requirements for trust administrators The roles that various advisers serve, including trustees, trust protectors, attorneys, CPAs, and investment advisors Using family and friends as trustees vs. corporate trustees Trust forms Valuation of trust assets And More! See the "Table of Contents" section for a full list of topics As with all the resources in the highly acclaimed Leimberg Library, every area covered in this book is accompanied by the tools, techniques, practice tips, and examples you can use to help your clients successfully navigate the complex course of trust administration and confidently meet their needs.
