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Category Archives: trust beneficiary
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
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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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
Estate Tax Attorney and Accountant Full Employment Act of 2012
Of course, that is not the title of any piece of legislation, pending or passed. In Obama’s budget proposal, presented the other day, tax rates are raised for the mostly hard-earned (and previously taxed) assets of dead people. In addition, … Continue reading
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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Why do families fight over an inheritance?
After 28 years+ of experience settling estates and trusts, I could tell many stories about family disputes over an inheritance. Even in families that otherwise seem perfectly functional, things can get weird very quickly after the death of a patriarch … Continue reading
Choosing a Trustee – What Characteristics are Needed?
Those Grantors who don’t struggle with the selection of a Trustee probably should. I’ll confess that poor Trustee selection creates revenue opportunities for me, either through the cost of cleaning up a Trust mess or as an expert witness in … Continue reading
Why Wealth Disappears
Business owners and those who advise them should take note. Why Wealth Disappears.
Trustees and the Attorney-Client Privilege
The fiduciary exception to attorney-client privilege is fertile ground for trust litigation. I’ve seen many situations where the attorney is advising his or her client on the same matter, with the client as the Trustee and as the beneficiary of … Continue reading
Idaho Trustee 