Articles in Channel: Probate & Estate Planning

Set Off Provisions In Bank Agreement Does Not Override IRA Protection

Jonathan Alper
March 22, 2012 14:48

 A caller was concerned that his IRA funds held as his bank’s brokerage department are not protected against an outstanding judgment because of a “set off” provision of the bank’s depositor agreement. The agreement states that “to the extent permitted by...

BOGERT, OAKS, HANSEN AND NEELEMAN'S THE LAW OF TRUSTS, 9TH

Gerry W. Beyer
March 22, 2012 13:00

George G. Bogert; Dallin H Oaks; H. Reese Hansen; and Stanley D. Neeleman recently published their book, BOGERT, OAKS, HANSEN AND NEELEMAN'S THE LAW OF TRUSTS, 9TH (Foundation Press 2012). A description of the book is below: The increasing use...

The Protection of Vulnerable and Elderly People from Abuse Act (Powers of Attorney), 2010

March 22, 2012 11:00

MPP John O'Toole is once again pushing a Private Members Bill which aims to overhaul the Power of Attorney system in Ontario.  The Bill, entitled The Protection of Vulnerable and Elderly People from Abuse Act (Powers of Attorney), 2010 proposes a registry for Attorneys, annual accounting...

CrummeyService

Gerry W. Beyer
March 22, 2012 11:00

CrummeyService, a web-based service, allows users to securely enter required data and set up Crummey trusts, afterwhich the service will handle the administrative side of the trust. For example, CrummeyService will send premium and gift reminders, inform beneficiaries of their...

Minimizing Sibling Rivalry

Gerry W. Beyer
March 22, 2012 01:00

Sibling rivalry has been around for ages and can often play into estate planning. One doctor draws a distinction between sibling rivalry and sibling strife. Rivalry is a normal range of disagreements and standard competition between siblings. Strife is a...

New Trustee Notice Requirements

John Hugg
March 21, 2012 23:43

Washington State recently revised portions of its trust and estate statutes. The new law makes explicit a trustee’s duty to provide notices to certain parties. Those parties, normally current and remainder beneficiaries of the trust, must be notified of the following: the existence of the...

What Will Congress Do with the Donation Rule?

Gerry W. Beyer
March 21, 2012 23:24

The Donation Rule expired at the end of 2011 and Congress has not given any indication that it will be renewed. Under the previous rule, An IRA owner over 70 ½ could directly transfer IRA funds to a choice charity...

Zsa Zsa Gabor May Share Conservatorship Judge with Britney Spears

Gerry W. Beyer
March 21, 2012 21:00

I have previously blogged about how Britney’s father is her guardian and about how Zsa Zsa’s daughter is trying to get a conservatorship to take the care of her mother away from Zsa Zsa’s ninth husband. If Zsa Zsa Gabor’s...

Samuels Yoelin Kantor LLP in the News: Virtual Assets

March 21, 2012 20:28

While we are alive and competent, access to and possession of "virtual assets" (i.e., Facebook, Twitter, Flickr accounts) and information poses no legal problems.  However, at the death or incompetence of the owner, the fiduciary (personal representative, conservator or trustee)...

Inheritance Tax Repealed in Indiana -- Other States May Follow

Gerry W. Beyer
March 21, 2012 19:00

Indiana Governor Mitch Daniels officially signed to repeal the inheritance tax for deaths after Dec. 31, 2021. The relief is retroactive to January 1 and increases amounts exempt from the levy for 2012 deaths. Currently there are still 22 states...