Fiduciaries and The Duty of Prudence: The True Impact of Mutual Fund Fees

Mr. Watkins is right on target.  If you have fiduciary duties when it comes to investments, being prudent with investment costs is one of your primary responsibilities.

Fiduciaries and The Duty of Prudence: The True Impact of Mutual Fund Fees.

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Seller Financing is About to Get Ugly on January 10

Clint Coons, Esq

In 3 months private seller financing will come under the control of the Empire, err… actually the Consumer Financial Protection Bureau (CFPB).   Congressmen Dodd and Frank in their zeal to protect the public from unscrupulous lenders have burdened every real estate investor who engages in seller financing with new regulations that will ultimately feel like 10 additional gravities weighing upon their investing.  If you are not aware of this legislation, it essentially removes the real estate investors’ ability to self-finance the sale of real estate without becoming a licensed mortgage loan originator.  Here is how it works.

  • John recently purchased a mobile home park that included 10 vacant mobile homes in the purchase.  Desirous to monetize his investment, John advertises the mobile homes for sale and begins filling them quickly with his attractive financing.  John offers each purchaser a mobile home for $500 down and the remainder amortized over 20…

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Should I have Co-fiduciaries? A Practical Consideration

Not to sound like a broken record, but selection of a trustee in your estate plan is one of the most important decisions you can make. Here’s a good synopsis of what you should consider if you are thinking about more than one trustee.

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Ohio Court Approves Will Written on Samsung Tablet

As I recall from the myriad statutes I’ve seen over nearly 30 years, there is no requirement that a holographic will be written on paper. Here’s a new twist – when we see the first digital holographic will in Idaho?

Marshall's Oklahoma Law Blog

An Ohio Judge has allowed the admission of a will that was written with a stylus on a Samsung Tablet.  According to the man’s two brothers, the decedent had no paper, and was in the hospital expecting to die.  He told one of his brothers how he wanted his estate distributed, and his brother wrote the provisions on the tablet.  The decedent then signed the tablet in the presence of his brothers.

In Oklahoma, it is likely that a Judge would rule the same way.  Oklahoma recognizes three basic types f wills

1: Nuncupative Wills, which are wills that are dictated to another when a person believes his or her death is imminent while in military service or where the person suffered a mortal trauma on the same day as the will was dictated.  The amount of the estate can be no more than $1,000.00 and there must be actually…

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Who Will Be Your Trustee?

Here is an excellent review of important considerations when choosing a Trustee for your Trust.  These considerations also apply when you are choosing a Personal Representative or an Executor.

Who can you trust…with your Trust?

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PI +

Personal Injury Plus, or PI+, is a collaboration with a couple of local professionals, Pat Wardian and Dan Brownell.  My role is to provide consulting expertise when there is trust solution being considered as part of a personal injury settlement.  Check out the website we just set up:  www.piplusidaho.com.

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Trusts, Obamacare, and the New Tax Act

As pointed out in the article in Forbes, to which I’ve linked in the title of this post, both the 3.8% surcharge on investment income required by Obamacare and the tax increases on capital gains from the recent tax act impact Trusts at a much lower point than individuals.  If you are a Trustee, you will now need to be even more intentional about income tax planning with your beneficiaries. Also, since these tax costs encourage Trustees to distribute more to current beneficiaries, Trustees will need to be more intentional about protecting the interests of future beneficiaries.

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