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...
View ArticleProbate 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...
View ArticleNew 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 ArticleTrump 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 ArticleFiduciary 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 ArticleIRS 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 ArticleElectronic 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 ArticleNew 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 ArticleFifty 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 ArticleDecanting 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,...
View ArticleNew 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 ArticleTrump 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 ArticleFiduciary 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 ArticleIRS 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 ArticleElectronic 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 ArticleNew 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 ArticleFifty 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 ArticleDecanting 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,...
View ArticleAsset 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...
View ArticleNo 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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