Trust Administration
Should your trust be revocable or irrevocable?
You may already understand that, in your circumstances, a will is not sufficient to meet your estate planning goals. In this case, you may be examining the practicality of including a trust alongside your will. Basically, a trust will hold ownership of any assets you...
Recent Nebraska State Supreme Court case – Nonjudicial Modification is NOT a Slam Dunk…
In a recent Nebraska Supreme Court ("Court") Case, the Court determined that a nonjudicial settlement agreement (the "Agreement") did NOT reflect the settlor's intent and voided the agreement. Our clients often want a nonjudicial settlement agreement believing that it...
Make Sure You Notice ALL Qualified Beneficiaries!
If you are a trustee or represent a trustee in a trust administration, then it is important to determine the qualified beneficiaries and the trustee’s duties to qualified beneficiaries. A recent case illustrates the importance of that determination when a trust is...
Prenuptial Agreement Waiver of Elective Share…Effective to Waive an Elective Share Provision in a Trust Document?
Prenuptial Agreement Waiver of Elective Share…Effective to Waive an Elective Share Provision in a Trust Document? Many family lawyers prepare prenuptial agreements providing that each spouse waives their elective share rights as provided under Florida Law. Generally...