trustee-estate planning

Trustees Beware: Don’t Be a Rubber Stamp

While it’s an honor to be invited to serve as trustee of a trust, it’s also a burden. As the recently decided case of Greenberg v. Greenberg shows, it can create liabilities that lead to litigation that long survives the deaths of the trustees.

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tangible-assets-estate-planning

How Can Tangibles be Fairly Divided?

An article I recently wrote for Next Avenue, the public television website for Baby Boomers, explains how the family of a college friend divided 100s of items from their parents’ estates among the four siblings. The article, “A Clever Way to Divvy Up Items After a Parent’s Death,” describes the

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Will-trusts

Should Your Will and Trust have an In Terrorem Clause?

You may have seen provisions in wills and trusts that bar challenges to their validity with a severe penalty: that the heir will receive nothing from the estate. These are known as no contest or in terrorem clauses with the idea being to strike terror into anyone who may challenge the document.

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care, long-term-planing, caregiver burden

Caregiver Charged with Murder: A Harbinger of Things to Come?

Karen Wibbeler-Nelson was the primary caregiver for her father-in-law, Andrew Nelson, who died at age 76 in August 2020. By all accounts, the conditions in the house they shared with Karen’s husband and Andrew’s son, Robert Nelson, a friend of theirs, their 16-year-old daughter, and 45 dogs and cats, were deplorable. Andrew died from sepsis resulting from bed sores. Adult protective services had investigated and closed its case four months before Andrew’s death after the house was cleaned of feces left by the animals.

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