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Author Archives: Steve Masterson
Idaho Supreme Court Opinion
In a recent Idaho Supreme Court opinion, Justice Bevan quoted the following portion of the trial transcript: “Masterson testified that Edwin, as trustee, satisfied his duty to report and inform the beneficiaries of the Trust of the expenses and income. … Continue reading
Statements from a Judicial Verdict
In a recent decision, Judge Edward Nicholas included the following statements in his Final Judgment: “Mr. Masterson gave the Court a primer on the criteria necessary to establish a fiduciary duty, both express and by implication. His analysis was thorough, … Continue reading
Posted in Duties of Trustee, fiduciary, trustee, Uncategorized
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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.
Posted in Uncategorized
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Seller Financing is About to Get Ugly on January 10
Originally posted on Clint Coons, Esq:
Seller Financing is being squashed by Dodd Frank 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…
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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 … Continue reading
Posted in Estate Planning, Executor, fiduciary, trustee
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Ohio Court Approves Will Written on Samsung Tablet
Originally posted on 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…
Posted in Estate Planner, Estate Planning, Probate
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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?
Posted in Duties of Trustee, Estate Planning, Executor, fiduciary, Trust, Trust Administration, trust beneficiary, trustee
Tagged Executor, Personal Representative, Trust, trustee
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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. … Continue reading
Posted in Estate Planner, Estate Planning, Trust, trust beneficiary
Tagged Beneficiary, Personal injury, Structured settlement, Trust, trustee
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Trusts, Obamacare, and the New Tax Act
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 … Continue reading
Posted in fiduciary, Prudent Investor Rule, Trust, Trust Administration, trustee
Tagged fiduciary, Obamacare, Tax, trust beneficiary, trustee
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Trust Allocation of Timber Sale Proceeds under the Uniform Principal and Income Act
The Uniform Principal and Income Act (the “UPAIA”) was completed by the Commissioners on Uniform State Laws in 1997. The UPAIA was adopted shortly afterward by the State of Idaho. It has been adopted as of the writing of this … Continue reading
