Download or read book Fiduciary Authority and Liability in Probate Estates written by Reid K. Weisbord and published by . This book was released on 2020 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article presents an empirical analysis of testamentary preferences pertaining to the selection, compensation, appointment, powers, and liability of executors. Often an after-thought in the will-drafting process, such administrative terms deserve careful attention because the executor's central role in the transfer of property at death is so often a source of posthumous conflict. Prior research has shown that executor-related objections are the most frequently asserted claims in probate litigation. This Article surveys the history of estate fiduciary law and summarizes major reforms in the twentieth century that established modern rules governing the appointment, powers, and liability of executors. It then presents empirical findings from a sample of wills probated in New Jersey in 2015. Major findings from this dataset reveal new information about: (1) who testators nominate to serve as executor, (2) how often nominees agree to serve as executor, (3) what testators say about executor compensation, (4) which fiduciary powers testators grant or withhold from the executor, and (5) whether testators exculpate their executors from liability or otherwise modify the default fiduciary duties of care and loyalty. The Article provides examples of executor-related will provisions extracted from the dataset of probate files.
Download or read book Pennsylvania Probate Estates and Fiduciaries Code Annotated written by J. Brooke Aker and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Fiduciary Accounting and Trust Administration Guide written by Robert Whitman and published by Ali-aba. This book was released on 2002 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advice for lawyers who handle probate of estates and administer trusts.
Download or read book Investment Company Act of 1940 as Amended written by United States and published by . This book was released on 1970 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book AARP Crash Course in Estate Planning written by Michael T. Palermo and published by Sterling Publishing Company, Inc.. This book was released on 2004-12-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Essential Guide to Wills, Trusts, and you personal legacy. What you need to know before consulting you attorney.
Download or read book Ethics for Trustees written by Jane B. Lorenz and published by Author House. This book was released on 2011-05-03 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by two longtime Professional Fiduciaries, "Ethics for Trustees", A Guide for All Who Serve as Trustee, is intended as a guideline for everyone who serves as a Trustee of a Trust; Experienced or inexperienced; Attorneys, Fiduciaries, CPAs, Family Members and Friends, etc. Quotes and concepts have been drawn from personal experience, from the Professional Fiduciary Association of California (PFAC) Code of Ethics and from the most recent California Probate Code (2011). Review by an experienced Trusts and Estates Attorney: Ethics for Trustees is an excellent guidebook that draws together important resources and reference materials. It covers some topics few other writers have addressed, and the authors draw on wealth of personal experience. The writing is clear and concise. It is a valuable addition to my professional library. Meredith G. Alcock Trusts and estates attorney www.aalapc.com Review by an Independent Financial Advisor: Whether you are already serving as a professional trustee or considering taking on this role for the first time, we recommend this book. Serving as a trustee is a challenging responsibility. This book will help you understand what is expected of you and how to best meet the role of trustee. Troy B. Daum, CFP Principal Wealth Analytics www.WealthAnalytics.com The Authors: Jane B. Lorenz, CPA, CLPF has been practicing as a CPA since 1975 and started serving as a Professional Trustee around 1990. Marguerite C. Lorenz, CTFA, CLPF began working with Jane in 2003 and has been serving as a Professional Trustee ever since. This book is a labor of love. They know from experience the challenges facing todays Fiduciary, whether amateur or professional. Many professional Fiduciaries operate as sole proprietors, without partners or staff . Jane and Marguerite have benefitted so much from their partnership and business model, they feel good about sharing some of what they have learned. The Readers: Everyone who is in the Estate Planning Process can benefit from a better understanding of what their Successor can and should do. The documents alone do nothing. The selection of the appropriate Successor Trustee is vitally important, as this is the one trusted to fulfill the Estate Plan provisions. How can the right Successor be selected if the one choosing is not familiar with what the job entails? Reading this concise volume gives the reader just what is needed. Before one accepts the role of Trustee he/she should understand the liability, the ethical issues and the depth of responsibility. We believe that reading this book may prevent family upset and financial disaster.
Download or read book Uniform Fiduciaries Act written by National Conference of Commissioners on Uniform State Laws and published by . This book was released on 1922 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Managing Fiduciary Liability written by Richard M. Horwood and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: " ... discusses the increasingly risky business of serving as trustee or personal representative. Fiduciary litigation is on the rise as beneficiaries discover they, like the rest of society, may seek redress in the courts for actual or perceived wrongs. Fiduciaries have a duty of loyalty, a duty to invest reasonably, and a duty to diversify, among others. These so-called internal duties are owed to those possessing the equitable or beneficial interests in the trust property or in the probate estate, as the case may be. A trustee or personal representative also may be subject to liability to third parties for contracts made and torts committed while in office, and to the state for running afoul of its tax, securities, and banking laws. This Portfolio provides an overview on fiduciary duties, together with strategies to avoid and, if preventive measures fail, to prepare for litigation"--Portfolio description (Page iii).
Download or read book Selected Statutes on Trusts and Estates written by Lawrence H. Waggoner and published by . This book was released on 2001 with total page 1172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Selected Statutes on Trusts and Estates written by Mark L. Ascher and published by . This book was released on 2004 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Responsibility and Liability of the Fiduciary for Tangible Personal Property written by Edith Graham Holcombe and published by . This book was released on 1982 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Diplomatic and Consular Service of the United States written by and published by . This book was released on 1923 with total page 966 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Handbook for Chapter 7 Trustees written by and published by . This book was released on 2001 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Oxford Handbook of Fiduciary Law written by Evan J. Criddle and published by Oxford University Press. This book was released on 2019-04-29 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.
Download or read book Fiduciary Duties written by Michael Ng and published by Canada Law Book. This book was released on 2003 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
