Where death is imminent, careful tax planning with dividends for the shareholder of a private corporation may return benefits to the estate and beneficiaries of the estate…..
“Rights and things” dividends Continue Reading »
Estate Administration, Estate Planning, Executors, Small Business, TrusteeIt is trite to say that once a trustee is appointed and accepts the office, s/he becomes subject to the duties and powers of that office. A trustee’s liability, in the event that he is found to have breached his/her duties, or exceeded his/her powers, is personal. ….
In the case of discretion, absolute is not absolute. Continue Reading »
Estate Administration, Executors, Liability, Trustee, Trustee DisputesMost of us want to live in our own homes for as long as possible. Keeping the home free from tripping hazards is one way to promote independence…..
Which is the deadliest room in the house? Continue Reading »
Estate PlanningWhile many of us our familiar with the general dynamics of the financial abuse of elders, and, may in fact have engaged in planning in an effort to thwart such abuse or in litigation resulting from such abuse, most “estate professionals” are much less familiar with the role law enforcement plays with respect to the issue. ….
Financial Abuse of Elders – The Role of the Police Continue Reading »
Elder Law, Estate PlanningA recent cost decision awards full indemnity costs on a leave motion. The court found that if estate trustees are expected to bear their own litigation costs, they would refuse to be appointed and would also be reluctant to bring proceedings to advance the due administration of the estate…..
An Award of Full Indemnity Costs is Not a Fantasy Continue Reading »
Estate Litigation, Passing Of Trustees’ and Executors’ Accounts