The appointment of an emergency guardian of the person or estate renders the alleged incapacitated person legally incapable of making decisions about matters expressly assigned to the guardian. Whether an emergency guardianship of the estate is still valid more than … Continue reading
Nephew who would have received half of estate under unsigned amendment to the decedent’s revocable trust, but instead of half of the estate, did not have standing in malpractice action against lawyers who prepared the trust amendment under Agnew v. … Continue reading
Counsel fees of 5% of the first $100,000 of the estate and 3% of balance over $100,000 were approved, but should have been paid from residuary estate and not proceeds of sale of property that had been specifically devised. Executor’s … Continue reading
The Supreme Court has amended the Rules of Disciplinary Enforcement to shorten the times for penalties after the annual due date for attorney registration. Attorney registrations are due July 1, and a nonwaivable penalty had been imposed for registrations not … Continue reading
When a trust is a “grantor trust” and is considered to be owned by the grantor for federal income tax purposes, and so all of the income, gains, losses, deductions, and credits of the trust are reported on the grantor’s...
[The following is the text of the comments (with some corrections for typographical errors) I have submitted to the Treasury Department on the proposed regulation that addresses changes in the federal estate tax exclusion amount under the tax reconciliation act … Continue reading
[This article was originally published on 2/23/2012 as Steve Leimberg’s Estate Planning Newsletter #1929.] Practitioners continue to express concerns about the possible “clawback” of tax benefits if a taxpayer uses the current $5,000,000 federal gift and estate tax exclusion amount...
[This article was originally published on 1/31/2011 as Steve Leimberg’s Estate Planning Newsletter #1768] The new tax act [Tax Relief, Unemployment Insurance Reauthorization, and Jobs Creation Act of 2010] provides a gift and estate tax exclusion of $5,000,000, and many...
Surcharge against guardian should be upheld on appeal because guardian never requested a continuance of the surcharge hearing and her absence from the hearing was part of a pattern of obdurate and dilatory conduct. Estate of Estelle Segal, No. 2, 9 … Continue reading
Claim by daughter under personal care agreement with mother was denied when personal care agreement was product of undue influence because mother was dependent on daughter for her care and had appointed daughter as her agent under a power of … Continue reading