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Category Archives: fiduciary
Idaho Supreme Court Opinion
In 2018 I testified as an expert witness in a local case. The decision for the defendant Trustee was appealed up to the Idaho Supreme Court. In his decision upholding the trial court decision, Justice Bevan quoted the following portion … 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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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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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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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
“TRUSTEE SCORECARD®” TRADEMARK REGISTRATION AWARDED
Masterson Receives Registration by US Patent and Trademark Office Serving as a Trustee of a Trust can be a daunting process for even the most well-prepared person. The personal liability for a Trustee can be overwhelming, if the Trustee is … Continue reading
Posted in Duties of Trustee, Executor, fiduciary, Prudent Investor Rule, Trust Administration, trustee
Tagged Beneficiary, Coeur d'Alene Idaho, duties of a Trustee, fiduciary, Fiduciary duties, Trust Administration, trust beneficiary, Trust company, Trust litigation, trustee, Trustee liability, Trustee Scorecard
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Selecting a Trustee: Other Considerations
What criteria do you use to choose a fiduciary or to assist a client in choosing a fiduciary? Many of us, particularly those of us who are professional advisors, are familiar with many of the legal, financial, and even risk … Continue reading
Posted in Duties of Trustee, Estate Planner, Estate Planning, fiduciary, Prudent Investor Rule, Trust, Trust Administration, trust beneficiary, trustee
Tagged corporate fiduciaries, estate planner, estate planning, Fiduciaries, fiduciary, Professional advisors, Trust, Trust officer, trustee
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Social Media and the Family Brand
The article to which I’ve linked below was written in the context of wealth planning; that is, issues arising from the use of social media can affect the protection/preservation of a family’s wealth. More importantly, the issues addressed in the … Continue reading
Posted in Estate Planning, fiduciary
Tagged estate planning, Social media, Wealth management, Wealth preservation
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PI+ Press Release
FOR IMMEDIATE RELEASE Contact: Pat Wardian Telephone: 208-664-8980 Email: pat@wardianwealth.com PERSONAL INJURY LAWSUITS HAVE NEW RESOURCE TEAM Personal Injury Plus, also known as PI+, has been formed to provide litigation support and case management for personal injury lawsuits. Personal injury … Continue reading
Idaho Trustee 