Trust: Consider An Independent Fiduciary
Although estate planning can be complex in any family, lawyers find that large and blended families tend to face extra challenges. More people means there are likely to be more ideas and hopes about…
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Educational Goals and Family Trusts
Achieving educational goals can be life-changing—as is the gift of paid tuition! A trust can be a great way to gift education to family members. Unlike a will, a trust, overseen by a trustee, allows…
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Out of Trust?
Unlike wills, trusts do not pass through the public probate process—and therefore can protect a family’s privacy. Some families, however, end up with public conflicts even when a trust has been established. Take, for example,…
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Probate and Personal Representatives?
Every state has a probate process: legal steps through which property is transferred from the dead to the living. If there is a will, it is admitted to probate court to initiate the process. If…
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Be Prepared: How To Execute a Will
If a loved one or friend has asked you to execute their will, chances are, like most people, you’ve said yes. Now what? Understanding the Duties of an Executor Executing a will is a legal…
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Probate Court: Administering Unsettled Affairs
Usually, when someone dies, probate court is notified by a friend or family member, so that the affairs of the deceased can be settled—and assets distributed. What if no one notifies the court to initiate…
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Legally Appointed Guardians for the Elderly
When an elderly loved one can’t make sound decisions, legal guardianship may be a helpful option. Understand the process of appointing a guardian and the role of the guardian. In An Ideal World It would…
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What’s a Trustee To Do: Facing Volatile Markets
A trustee must follow the prudent investor rule in managing the assets of a trust. Keep in mind: this is a process-based standard—not a performance-based one. Investing Trust Assets Volatile markets present unique challenges to…
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Protecting the Vulnerable: Fiduciary Duties and Bonds Explained
Protecting the Vulnerable: Fiduciary Duties and Bonds Explained When someone cannot make sound decisions for themselves, a court can appoint a fiduciary to do so. Often, courts require fiduciary bonds to protect “the ward.” Safeguarding…
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