Consider what changes are needed to achieve desired goals. This is the up-front analysis that may need some significant and deep thought. This is not considering the type of legal process, but considering the technical changes needed to achieve the desired outcome. For example, if a trust is considered to be a grantor trust for [...]
While the reasons to decant or otherwise modify an irrevocable trust are as numerous as the imagination can create, here is a listing of some of the more common reasons: Correct trust drafting errors, such as scrivener's errors or ambiguous terms. A lot of trusts were simply not drafted properly and these mistakes can be [...]
by Richard M. Morgan The GA Trust Code will be modernized and greatly improved beginning on July 1, 2018. As one of a small number of members of the GA Trust Code Update sub-committee of the GA Bar Association's Fiduciary Law Section, our very own Richard M Morgan, was intimately involved with this new legislation. [...]
The 2018 GA Legislative Session turned out to be a very big deal for those living in GA. This new legislation was enacted at the end of March 2018, but the GA Governor had until the end of May 8, 2018 to veto any legislation he did not like. This time has now passed, and all of the 2018 legislation (with one exception discussed below) impacting the estate planning world will now officially become effective on July 1, 2018.
By Richard M. Morgan & Loraine M. DiSalvo Disputes that arise after a loved one dies can be incredibly destructive, to both assets and relationships. Such disputes can also cause the destruction of the loved one’s intended asset distribution plan. Careful estate planning, carried out with the help of an experienced estate planning attorney, can [...]
by Richard M. Morgan & Loraine M. DiSalvo In our last Newsletter, we discussed some of the most common types of estate and trust related disputes and the best ways to avoid them. In this Newsletter, we discuss various options for resolving estate or trust related disputes, and our particular approach to resolving such disputes. [...]
by Richard M. Morgan & Loraine M. DiSalvo In our July 2010 newsletter, we discussed various dispute resolution processes. We discussed traditional litigation, along with arbitration and mediation, which are two of the alternative dispute resolution processes which were developed to address some of the shortcomings of traditional litigation. To review the July 2010 newsletter, [...]
Eventually, we all pass on. At that point, assuming we didn’t die broke, we will usually leave some form of inheritance to people who survive us. Some of us also may also want to make gifts to our loved ones before we die. Proper estate planning allows you to control who will receive a gift or inheritance from you, and to decide how the recipients will benefit from the assets. Proper estate planning... read more
Possibly The Best Way to Pass Assets On To Your Children or Other Loved Ones: GST Planning – Part Two
In our last newsletter, we introduced the concept of “GST planning,” which is, in essence, estate planning using the generation-skipping transfer (“GST”) tax exemption in conjunction with long-term trusts to provide great benefits for the intended beneficiaries of a gift or inheritance. Last month’s newsletter article discussed the GST planning option, along with its incredible potential benefits and flexibility. We focused on trying to explain what GST planning is and what it can offer. In this issue we’ve focused on things you should keep in mind and consider when you decide to include GST planning in your own estate plan. read more...
by Richard M. Morgan & Loraine M. DiSalvo In the estate planning context, a “fiduciary” is someone who will serve in a role of authority with regard to you, your assets, or your minor children. Fiduciary roles which may be part of an estate plan can include an Executor, a Trustee, a Guardian and/or Conservator, [...]