Trust Administration
The process of administering a trust
A trust is a beneficial estate planning tool as it allows one to set aside and protect his or her assets for a specific use. When putting assets in a trust, the individual is placing control over those assets in the hands of a third party. The third party oversees and...
Protecting the benefits your special needs child receives
From the time you learned that your child had special needs, your life’s mission was to protect him or her. It does not matter if your child’s disability occurred at birth or was the result of an injury or accident. You have provided whatever was necessary for your...
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...