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Seeking Clarity in the Distribution of Mineral Interests from a Decedent’s...

by Andy Lemieux, Elizabeth Meck, and Jessica Schmidt As any practitioner who has dealt with the distribution of mineral interests from a decedent’s estate knows, dealing with these interests can be...

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Probate and Trust Cases Now Searchable in ICCES

by Jody H. Hall, Paralegal As of Monday, August 7, 2016, practitioners can now search for probate and trust cases in the Integrated Colorado Courts E-Filing System (“ICCES”).  In the past, Colorado...

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New Colorado Ethics Opinion Provides Guidance Regarding Missing Clients

by Kelly Dickson Cooper Picture this: you are representing a beneficiary of a trust in heated litigation.  The client is committed to the cause, but as time passes, the client stops returning your...

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Trump Foundation Admits to Self-Dealing

by Kelly Dickson Cooper The rules and regulations surrounding the operation of family foundations contain traps for the unwary and prohibit self-dealing transactions.  We regularly help families...

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Fiduciary Duty to Elect Portability

by Matthew Skotak The Oklahoma Supreme Court recently upheld a ruling that has required the Personal Representative of an Estate to take the necessary steps to transfer the deceased spousal unused...

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IRS Rules on Tax Impacts of Trust Modification

by Kelly Dickson Cooper In my practice, I regularly answer questions regarding the permissibility and advisability of modifying irrevocable trusts.  With the enactment of a decanting statute in...

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Electronic Wills

by Morgan Wiener As regular readers of this blog know, one of our favorite topics is digital assets, including estate planning for digital assets.  Today, we’re taking a slightly different focus and...

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New Uniform Directed Trust Act

by Kelly Dickson Cooper More and more, I review trust agreements that appoint a trustee, but then appoint other individuals or institutions to perform certain tasks that are normally in the domain of...

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Fifty Ways to Leave Your Lover (or Fifty Ways to Plan, Administer and...

by Carol Warnick As the old song by Paul Simon contemplates, there are fifty ways to leave your lover, and there are also fifty ways to plan, administer and litigate estates and trusts.  I have...

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Decanting to Eliminate a Beneficiary – New York Says Yes

by Kelly Dickson Cooper Settlors often ask whether they can change the beneficiaries of an irrevocable trust because life circumstances or relationships have changed. Often, the answer is no.  However,...

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New Colorado Ethics Opinion Provides Guidance Regarding Missing Clients

by Kelly Dickson Cooper Picture this: you are representing a beneficiary of a trust in heated litigation.  The client is committed to the cause, but as time passes, the client stops returning your...

View Article

Trump Foundation Admits to Self-Dealing

by Kelly Dickson Cooper The rules and regulations surrounding the operation of family foundations contain traps for the unwary and prohibit self-dealing transactions.  We regularly help families...

View Article

Fiduciary Duty to Elect Portability

by Matthew Skotak The Oklahoma Supreme Court recently upheld a ruling that has required the Personal Representative of an Estate to take the necessary steps to transfer the deceased spousal unused...

View Article


IRS Rules on Tax Impacts of Trust Modification

by Kelly Dickson Cooper In my practice, I regularly answer questions regarding the permissibility and advisability of modifying irrevocable trusts.  With the enactment of a decanting statute in...

View Article

Electronic Wills

by Morgan Wiener As regular readers of this blog know, one of our favorite topics is digital assets, including estate planning for digital assets.  Today, we’re taking a slightly different focus and...

View Article


New Uniform Directed Trust Act

by Kelly Dickson Cooper More and more, I review trust agreements that appoint a trustee, but then appoint other individuals or institutions to perform certain tasks that are normally in the domain of...

View Article

Fifty Ways to Leave Your Lover (or Fifty Ways to Plan, Administer and...

by Carol Warnick As the old song by Paul Simon contemplates, there are fifty ways to leave your lover, and there are also fifty ways to plan, administer and litigate estates and trusts.  I have...

View Article


Decanting to Eliminate a Beneficiary – New York Says Yes

by Kelly Dickson Cooper Settlors often ask whether they can change the beneficiaries of an irrevocable trust because life circumstances or relationships have changed. Often, the answer is no.  However,...

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Asset Protection Statute Cannot Limit Jurisdiction of Another State

by Margot S. Edwards The Supreme Court of Alaska issued a ruling on March 2, 2018, denying Alaska courts the exclusive jurisdiction purportedly granted by the Alaska asset protection statute.  This...

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No Contest Clauses – Not Just for Wills

by Matthew Skotak Fiduciary litigation continues to grow and often times outpaces the development of case law regarding the myriad of issues that arise in estate and trust disputes.  Historically...

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