• Differences Between Durable Power of Attorney and Trustee

Differences Between Durable Power of Attorney and Trustee

Many clients become confused between the difference of the duties and responsibilities of the person you name as a Durable Power of Attorney (“DPOA”) and the person that you may name as the Trustee or Successor Trustee to your Revocable Living Trust. Let’s review the differences here. Often we’ll receive a call from a client’s

  • Two Hats

Two Hats

When my children were young, I used to read Dr. Seuss books to them. One of their favorites was The Cat in the Hat Comes Back. You may remember the plot where the devious cat covers the interior of the house with pink spots while mother is away. When the kids are afraid that the

  • Trustee Liability

Trustee Liability

When naming spouses, children or other loved ones to serve as trustees in your testamentary (after death) trust or trust shares, consider a recent case where an estate trustee who took an “egregious” position in litigation has been ordered to personally pay more than $140,000 in costs. Lawyers say the costs decision in Craven v.

  • When an IRA Distribution Causes a Probate

When an IRA Distribution Causes a Probate

Most clients who have revocable trusts believe that there won’t be a probate opened upon their passing. I’ve written in the past how your trust won’t avoid the probate process if all of the assets that would have otherwise been subject to probate haven’t been transferred into the trust. But there’s another issue for those

  • Homebrewed Amendments

Homebrewed Amendments

What happens when a man dies with a will or a revocable trust that was originally created by an attorney, but later that man apparently removed some of the pages and replaced them with new pages containing different provisions? Those pages have handwritten changes scratched through them in several places, and were not witnessed in

  • Son Using Father’s Trust for Son’s Personal Advantage?

Son Using Father’s Trust for Son’s Personal Advantage?

When you’re named as a trustee to a trust, especially a trust in which you are also a beneficiary, you are subjecting yourself to several legal responsibilities of which you need to be keenly aware. The foremost of those responsibilities is the potential conflict of interest that you may have in conducting any aspect of

Rings in Peanut Butter and Buried Treasures

Children of a recently deceased client learned an expensive lesson not too long ago after their mother’s passing. To prepare mother’s residence for sale, her adult children spent the better part of a day throwing freezer-burned food in the dumpster and cleaning out perishables from the pantry. It was late in the day when a

  • Limits of Technology

Limits of Technology

The other morning, at 2:30 AM local time, I watched my cousin’s son’s Bar Mitzvah at the Western Wall in Jerusalem via a live Facebook stream. An extremely moving service, he chanted from the Torah in front of the holiest site to the Jewish people. The rabbi set up a small table on which he

  • Death & Debts – Five Things Surviving Family Members Need to Know

Death & Debts – Five Things Surviving Family Members Need to Know

When a loved one dies, the last thing family members want to do is field calls from debt collectors. If you are the personal representative (executor) of the estate or trustee of your love one’s revocable trust, chances are you will have to deal with your loved one’s debts and creditors. But is it your

This Is A Custom Widget

This Sliding Bar can be switched on or off in theme options, and can take any widget you throw at it or even fill it with your custom HTML Code. Its perfect for grabbing the attention of your viewers. Choose between 1, 2, 3 or 4 columns, set the background color, widget divider color, activate transparency, a top border or fully disable it on desktop and mobile.

This Is A Custom Widget

This Sliding Bar can be switched on or off in theme options, and can take any widget you throw at it or even fill it with your custom HTML Code. Its perfect for grabbing the attention of your viewers. Choose between 1, 2, 3 or 4 columns, set the background color, widget divider color, activate transparency, a top border or fully disable it on desktop and mobile.