by Teddar S. Brooks | Oct 6, 2020 | Cases of Interest
In this case, the plaintiff wife was suing for divorce and had issued a subpoena to the attorney who had prepared two revocable trusts for the defendant husband, one in 2013 – which was drafted in the course of a joint representation with the spouse for their...
by Teddar S. Brooks | Aug 25, 2020 | Cases of Interest
Executor may waive decedent’s attorney client privilege. Some of the children of the decedent brought an action against the executor (another child of the decedent) to include certain property in the estate, which the executor claimed was transferred to him prior to...
by Teddar S. Brooks | Jun 12, 2020 | Cases of Interest, T&E News
The trust grantor hired an attorney for assistance in making changes to his trust. The grantor also served as trustee of his revocable trust. He handwrote interlineations on the trust document and sent it to his attorney along with a signed adhesive note describing...
by Teddar S. Brooks | Jun 12, 2020 | Cases of Interest, T&E News
The decedent’s children brought an action to invalidate the decedent’s will and revocable trust. The children sued the trustee for mismanagement of the trust. The trial court dismissed the children’s complaint for lack of standing because they were not beneficiaries...
by Teddar S. Brooks | Apr 24, 2018 | Cases of Interest, T&E News
Cases of interest – 4-24-18 Provided By: TEdec Systems, Inc. Trust Under Agreement of Taylor, 164 A. 3d 1147 (Pa. 2017) UTC provisions allowing modification of trust by beneficiaries cannot be used to remove trustee. In Trust Under Agreement of Taylor, 164 A. 3d...
by Teddar S. Brooks | Oct 30, 2017 | Cases of Interest, T&E News
When a power of attorney is at issue, the statute of limitations starts to run on either of the following: The death of the principal; A judicial accounting by the fiduciary; or Open repudiation of trust by the fiduciary. The latter requires proof of repudiation that...
by Teddar S. Brooks | Oct 26, 2017 | Cases of Interest, T&E News
Cases of Interest – 10-26-17 Cases of interest – 10-26-17 In In re Goodman, 149 A.D.3d 649, 52 N.Y.S.3d 363 (1st Dep’t 2017) the trustee sought judicial settlement of an accounting what showed principal distributions to the grantor. Other beneficiaries...
by Teddar S. Brooks | Jul 9, 2017 | Cases of Interest, T&E News
Morris v. Commissioner, TC Memo 2015-82 Ira Distribution Is Taxable Taxpayer, after his father died, became the sole beneficiary of his father’s IRA. The Taxpayer opted for lump sum payment with no taxes withheld, and according his father’s wishes shared the...
by Teddar S. Brooks | Jul 2, 2017 | Cases of Interest, T&E News
Babbitt v. Superior Court of Los Angeles Co. In Babbitt v. Superior Court of Los Angeles Co., 201 Cal Rptr. #rd 353 (Ct. App. 2016), the Court limited the time period for the accounting to the period after the trust became irrevocable. The Court held that the...
by Teddar S. Brooks | Jul 1, 2017 | Articles of Interest, Tax
IRS Rev. Proc. 23017-34 The IRS has now issued Rev. Proc. 23017-34, which grants a permanent automatic two year extension to file the Decedent’s Estate Tax Return (IRS Fm 706) to claim portability. The executor has to file a not otherwise required to be filed IRS Fm...
