Representing Estate And Trust Beneficiaries And Fiduciaries

Author : Hartley Goldstone,James E. Hughes, Jr.,Keith Whitaker
Publisher : John Wiley & Sons
Page : 320 pages
File Size : 51,7 Mb
Release : 2015-09-21
Category : Business & Economics
ISBN : 9781119118299

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Family Trusts by Hartley Goldstone,James E. Hughes, Jr.,Keith Whitaker Pdf

An insightful and practical guide to family trusts Family Trusts is a step-by-step guide for anyone involved in family trusts: trust creators, trustees, beneficiaries, and advisors. It will help families create and administer a culture that recognizes trusts as a gift of love. Marrying the practical and emotional aspects of family wealth, this book provides a hands-on primer that focuses on fostering positive relationships, and structuring the trust appropriately for the situation and the people involved. It tackles difficult topics with frank and honest discussion, from the first beneficiary meeting to working with addictions, and more. Written by a team of experts in family wealth, this information is becoming increasingly crucial to the successful execution of a trust; you'll learn what type of person makes the best trustee, how to be an excellent beneficiary, and the technical aspects that help you build a better trust from the very beginning. There's been a staggering increase in trustee/beneficiary litigation and hostility, but that doesn't mean it's inevitable. Plenty of trusts are running smoothly, with positive experiences on all sides. This book shows you how to set up your trust to succeed from the start, with step-by-step guidance and expert insight. Express clear and thoughtful intent for the trust Create a healthy and supportive culture Select the right trustee, trust protector, and trust advisor Take the time to prepare before initially meeting the beneficiary Conduct a productive first meeting to set a tone for the relationship Historically, there has been little consideration given to the culture of trusts, and this oversight may be a key driver of the behavior that's becoming more prevalent. Family Trusts explores the nature of these relationships, and shows you how to build a trust that retains the nature and spirit with which it was intended.

Author : Robert Whitman,David English
Publisher : Ali-aba
Page : 428 pages
File Size : 51,9 Mb
Release : 2002
Category : Law
ISBN : 0831814136

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Fiduciary Accounting and Trust Administration Guide by Robert Whitman,David English Pdf

Advice for lawyers who handle probate of estates and administer trusts.

Author : Marguerite C. Lorenz CTFA CLPF
Publisher : AuthorHouse
Page : 65 pages
File Size : 48,9 Mb
Release : 2020-09-28
Category : Business & Economics
ISBN : 9781665502016

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Ethics for Trustees 2.0 by Marguerite C. Lorenz CTFA CLPF Pdf

Your loved one, or a professional may be your best option as your Successor (Trustee/Executor), but don't select anyone without reading this book first! Too many families are no longer on speaking terms because the chosen person did a poor job, or just did not fulfill the required fiduciary duties. "This little book saved our family from World War III, thank you!!" A. B., 86 years old. Ethics for Trustees 2.0 is for everyone who is getting their estate plan written, as every Trustor needs to select a Successor Trustee. This book is for everyone who serves as a Trustee of a Trust; experienced or inexperienced; Attorneys, Fiduciaries, CPA's, Family Members and Friends, etc., this book can help you better understand what is required to do the job well. Quotes and concepts have been drawn from personal experience based on serving as private professional trustees in California. This book is designed to stimulate discussion in our estate planning community, to emphasize the value of continuing education, and to encourage those who serve as a Fiduciary to do their best.

Author : Margaret A. Munro,Kathryn A. Murphy
Publisher : John Wiley & Sons
Page : 432 pages
File Size : 45,9 Mb
Release : 2018-12-27
Category : Law
ISBN : 9781119543879

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Estate & Trust Administration For Dummies by Margaret A. Munro,Kathryn A. Murphy Pdf

Estate and Trust Administration For Dummies, 2nd Edition (9781119543879) was previously published as Estate and Trust Administration For Dummies, 2nd Edition (9781118412251). While this version features a new Dummies cover and design, the content is the same as the prior release and should not be considered a new or updated product. Your plain-English guide to administering an estate and/or trust As more and more of the population reach senior ages—including baby boomers, many of whom do not have wills—an increasing number of people are being thrust into the role of executor, administrator, personal representative of an estate, or trustee of a trust after the death of a loved one. This updated edition of Estate & Trust Administration For Dummies guides you through the confusing process of administering an estate and/or trust. Settling an estate and administering a trust can be complicated, messy, and time-consuming for individuals named as executor or trustee, most of whom have no previous experience with such matters. Estate & Trust Administration For Dummies shows you how to make sound decisions for your unique circumstances. Guides you through the confusing process of administering an estate and/or trust Provides expert advice on unfamiliar estate and trust tax law Gives you a practical checklist to follow for all of your estate and trust administration questions and concerns Whether you're looking for guidance on how to navigate the probate process and estate taxes, settle debts and bequests, fund a trust, comply with tax regulations, or anything in between, this hands-on, friendly guide takes away the mystery and provides detailed answers to all of your estate and trust administration questions.

Author : Anonim
Publisher : Unknown
Page : 658 pages
File Size : 40,7 Mb
Release : 2008
Category : Estate planning
ISBN : STANFORD:36105064236206

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Representing Estate and Trust Beneficiaries and Fiduciaries by Anonim Pdf

Author : Alexander A. Bove, Jr.
Publisher : Juris Publishing, Inc.
Page : 322 pages
File Size : 54,5 Mb
Release : 2014-09-01
Category : Law
ISBN : 9781578233762

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Trust Protectors: A Practice Manual with Forms by Alexander A. Bove, Jr. Pdf

The trust protector is generally regarded as a relatively new position in trust law, and the key feature of the position is that the protector may be granted powers over the trust, which are generally superior to those of the trustee. This places the protector in a position where, by the exercise of his powers, he can cause the trust to adjust to unforeseen changes or new conditions without the need for court action or beneficiary approval. This work takes the firm position that, with only limited exception, the role of the protector is a fiduciary one, imposing on the protector a duty to act in the best interests of the purposes of the trust and the beneficiaries. Unfortunately, a substantial segment of the legal community, as well as the legislative bodies of a number of international jurisdictions, have taken a position that the protector is not a fiduciary, or that he may be declared in the trust not to be a fiduciary, and that the power granted him under the trust may be declared to be personal powers, whether or not such is the case, and thus he would have no liability for his actions or inactions while serving as protector. This “attraction” of providing total exculpation of the protector has effectively engendered a quick acceptance of the position by the bulk of the legal community and even by the legislatures of a number of jurisdictions, though almost totally unsupported by relevant case law. As a result, we have been seeing trusts which incorporate the use of a protector having the power to make critical dispositive and administrative decisions, as well as extensive modifications to the trusts without being exposed to liability for negligence or bad decisions which result in damages. This work will examine in detail the role of the protector of the trust, the relationship between the protector and the trustee, between the protector and the beneficiaries, and the protector’s responsibilities to the purposes of the trust. It will demonstrate with legal support that the role of the protector is not a new role, that, in fact, the protector is simply a new name for the decades-old position of trust “advisor,” and that the trust advisor is consistently regarded as a fiduciary in relevant treatises and has been repeatedly held to be a fiduciary in relevant cases. The discussion will also review and analyze the historical issues and professional commentary relevant to trust law and the role of protector, as well as case decisions in various international jurisdictions which have shed light on the issues and some of the positions taken in the statutes of a number of jurisdictions in the United States and across the world. All legal aspects of the role will be examined, including the rights of the protector, the protector’s relationship to the trustee, and the courts’ regard for and treatment of the position. Further, the work will discuss in detail all of the practical considerations in using a protector, such as selection and special drafting considerations, the use of a protector in a foundation, and, in brief, the numerous tax issues that may apply. The conclusion will be that with only very limited exception, which will be explained, the protector is unquestionably a fiduciary, and just as a trustee, he should be held to fiduciary standards. Accordingly, while it is certainly possible to grant personal powers to an individual under a trust, those powers per se conflict with the duties of a protector. And while it is also possible to reduce the fiduciary liability of a protector to a minimum, it is not possible to eliminate it entirely, regardless of trust language attempting to do so.

Author : Sue Farley
Publisher : Wordclay
Page : 243 pages
File Size : 48,7 Mb
Release : 2009-06
Category : Law
ISBN : 9781600374982

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Trust Are You Kidding? by Sue Farley Pdf

Farley, a long time trust litigator, shows why the current system of putting money in a trust is ineffective and then offers a real and very workable solution.

Author : Jane B. Lorenz,Marguerite C. Lorenz
Publisher : Unknown
Page : 76 pages
File Size : 40,7 Mb
Release : 2011-05
Category : Self-Help
ISBN : 1456767291

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Ethics for Trustees by Jane B. Lorenz,Marguerite C. Lorenz Pdf

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; Att orneys, Fiduciaries, CPA's, Family Members and Friends, etc. Quotes and concepts have been drawn from personal experience, from the Professional Fiduciary Associati on of California (PFAC) Code of Ethics and from the most recent California Probate Code (2011). 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 today's 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.

Author : George T. Bogert
Publisher : Unknown
Page : 752 pages
File Size : 53,7 Mb
Release : 1985-08
Category : Electronic
ISBN : 031428334X

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The Law of Trusts by George T. Bogert Pdf

Author : Ross Cranston
Publisher : Oxford University Press on Demand
Page : 234 pages
File Size : 49,5 Mb
Release : 1995
Category : Law
ISBN : 019825931X

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Legal Ethics and Professional Responsibility by Ross Cranston Pdf

Among members of the legal profession and judiciary throughout the world, there is a genuine concern with establishing and maintaining high ethical standards. It is not difficult to understand why this should be so. Nor is it difficult to see the professional standards are not completelydivorced from ordinary morality. Indeed, legal ethics and professional responsibility are more than a set of rules of good conduct; they are also a commitment to honesty, integrity, and service in the practice of law. In order to ensure that the standards established are the right ones, it isnecessary first of all to examine important philosophical and policy issues, such as the need to reconsider the boundaries between, on the one hand, a lawyer's obligation to a client and, on the other, the public interest. It is also to be appreciated that conflicts of interest are pervasive andthat all too often they are so common that they are not recognized as such. Yet rarely is public policy clearly cut. The underlying themes of this book are: * that the move to more definite rules is not only inevitable but also desirable * that existing codes of professional practice cannot simply be treated as a system of specific rules * that the current set of ethical rules is contestable and requires further refinement, perhaps even radical surgery * and that legal ethics must be conceived in the more general area of professional responsibility The wider ethical issues of the operation of the legal profession as a whole are now firmly on the agenda. Both law schools and law professionals have a role to play in developing acceptable standards in this area and it is therefore appropriate that the essays in this volume are written by adistinguished group of law teachers and practitioners together with senior members of the judiciary. The book opens with an overview chapter, followed by three chapters analysing the ethical rules pertaining to the judiciary, the Bar, and solicitors, written by, respectively, the Master of the Rolls, Anthony Thornton, and Alison Crawley and Christopher Bramall. The following three chapters lookat the specific issues of confidentiality (Michael Brindle and Guy Dehn) and the particular ethical problems in the family and criminal law jurisdictions (Sir Alan Ward and Professor Andrew Ashworth respectively). Chapter 8, by Sir Alan Paterson, discusses the teaching of legal ethics, whilstChapters 9 and 10, by Marc Galanter, Thomas Palay, and Cyril Glasser put the subject in its wider social and professional context. The book finishes with a chapter which examines what lawyers may learn from looking at the study of medical ethics.

Author : Wayne M. Gazur,Robert M. Phillips
Publisher : Aspen Publishing
Page : 576 pages
File Size : 50,5 Mb
Release : 2015-04-27
Category : Law
ISBN : 9781454869009

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Estate Planning by Wayne M. Gazur,Robert M. Phillips Pdf

This casebook introduces students to the principles of estate planning and challenges them to analyze simulated client scenarios. Featuring a case-study and problems approach in which the principles of estate planning are first introduced and then demonstrated through student analysis of short exercises and simulated client situations. A forms supplement on a CD is an additional tool for giving students practice with drafting exercises.

Author : Margaret Atkins Munro,Kathryn A. Murphy
Publisher : For Dummies
Page : 384 pages
File Size : 52,5 Mb
Release : 2008-11-24
Category : Law
ISBN : 0470286172

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Estate and Trust Administration For Dummies by Margaret Atkins Munro,Kathryn A. Murphy Pdf

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 41,9 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

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.

Author : Gilbert Thomas Stephenson
Publisher : Unknown
Page : 472 pages
File Size : 43,5 Mb
Release : 1949
Category : Decedents' estates
ISBN : UOM:35128000295889

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Estates and Trusts by Gilbert Thomas Stephenson Pdf

Author : Christopher P. Cline
Publisher : Unknown
Page : 0 pages
File Size : 55,8 Mb
Release : 2023
Category : Legal investments
ISBN : 1639052801

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The Law of Trustee Investments by Christopher P. Cline Pdf

"Second edition of The Law of Trustee Investments"--