Estate Planning

Construing the Meaning of a Trust: Settlor’s Intent

If called upon to determine the meaning of a trust, or to resolve some ambiguity, Court look for the intent…

6 months ago

Everyone has a Will (Even if you don’t)

Everyone should have a Will. If you don't have a Will then your stuff might go to someone you don't…

6 months ago

Sample Trust Language Appointing Trustee

The following sample language comes from a trust that was drafted years ago, however it remains useful in understanding issues…

6 months ago

Selecting the Trustee

One of the most important tasks when creating a trust is selecting the trustee. You can have the best trust…

7 months ago

How much protection does a Medicaid Asset Protection Trust really provide?

In Hammerberg v. Department of Human Servs. (Minn. Ct. App. 4/22/2024), the State made an estate recovery claim against what…

7 months ago

Proposed Legislation would turn estate planning on its head

The American Housing and Economic Mobility Act of 2021 (now "of 2024") may have taken on new life recently as…

8 months ago

Estate and Gift Tax Exclusion Amounts

The amounts below are the estate tax exclusion amounts as provided by the IRS. Unless Congress takes action, in 2026,…

9 months ago

New Article Discussing Medicaid Enrollment and Wealth Transfers

On June 11, 2024, the Gerontologist published an article on Medicaid enrollment and Intergenerational transfers of wealth among older adults.…

10 months ago

Supreme Court weighs in on valuation of insurance in stock redemption agreement

In 2021, we blogged about a valuation case, Connelly v. U.S., 20 F. 4th 412 (8th Cir. 2023). We noted…

10 months ago

Do I need a Gun Trust?

Gun trusts were developed so gun owners can pass their firearms to beneficiaries or heirs at death (or disability) without…

10 months ago