With the simple addition of two words, the Special Needs Trust Fairness Act (the “Act”) empowers mentally competent individuals with disabilities to establish a special needs trust on their own behalf. Effective December 13, 2016, the Act corrects a legislative drafting error that previously made it necessary for such individuals to rely on either their loved ones or a court to advocate on their behalf.
As we settle into 2017, the time has finally come to get started on a few New Year’s resolutions. Every year, we can quickly come up with a list of areas in our lives that need improvement. Achieving those goals, however, can sometimes prove to be a less than simple task. One way to get a jump start on making a change is by creating an up-to-date estate plan. Here are some common New Year’s resolutions and how estate planning can be used to your advantage to help achieve them:
A recent developing story involving Stanley Chais, a friend of the infamous Bernie Madoff and participant in Madoff’s Ponzi scheme, outlines the potential perils that can plague an estate administration involving a bad actor. Stanley Chais’ estate is the subject of a recent settlement in California which, pending approval from a New York federal bankruptcy judge, is expected to provide approximately $15M in restitution to California’s attorney general and over $250M to a trustee recovering funds for Madoff’s victims.
To round out our discussion on conservatorships, this post will focus on securing a conservatorship regarding a minor, which in Tennessee is called a “guardianship” proceeding.
Although we have discussed familiar situations that may trigger the need for a conservatorship, the process of securing one can be difficult. Due to the oftentimes burdensome process of securing a conservatorship through the courts, many individuals use common estate planning tools to ensure a conservatorship is only a last resort.
This week we conclude our series on estate planning for new parents by focusing on the challenges faced by some children and common estate planning protection tactics to prepare children for those challenges.
As summer winds down, excited parents anxiously send their children off to school anticipating the future that awaits their kids. This gives us hope, but also reminds parents of the planning necessary to ensure the opportunities we desire for our children remain intact. In this two-part series, we will discuss common estate planning measures that should be considered by parents with young children. In this post we focus on estate planning for new parents.
Now that the GOP and Democratic conventions are over and the general election campaigns are in full swing, Americans will soon decide on a new president. Many political commentators have noted that the stark differences between the presidential candidates and their platforms have never been greater in any presidential election in modern American history. While…
The U.S. Treasury Department’s recent proposal to place extensive limits on valuation discounts has caught the attention of family-owned business owners and their estate planning attorneys. The proposal seeks to limit commonly used techniques in which families can minimize estate and gift taxes attributable to family-owned entities by claiming lack of control and lack of…
Time and time again we have discussed the arduous probate process that can unfold if one dies without a valid will. Prince died almost three months ago and the public probate proceedings continue on in full force as the court continues to gather evidence to assist it in determining the legitimate heirs of Prince’s estate.…