Q: Where are you from? A: I am from West Nyack, New York in Rockland County. Q: Where is your favorite place you have traveled to? A: My favorite city in the world is Venice, Italy, mostly because of how unique it is. As a whole, I loved Italy and had the amazing opportunity to study there … Continued
Our latest installment concerns an implicit aspect of the compensation of those who serve as guardian ad litem, which might serve as a trap for the unwary. In a probate proceeding the court appointed a guardian ad litem (GAL) to protect the interests of a distributee whose whereabouts were unknown. The GAL filed a six-page report recommending that … Continued
In today’s highly mobile world, it is increasingly common for U.S. citizens and permanent residents to own homes abroad. These properties may have been acquired as vacation homes, inherited from parents who remained in their home countries, or maintained as dual residences for work, particularly by executives of international corporations. Even after retirement, many individuals … Continued
Globalization continues to reshape the legal and financial landscape. Tax and estate planning practitioners face a growing demand for attorneys with more than a passing familiarity with cross-border tax planning. Families are no longer confined by national borders, with many individuals holding dual citizenship, owning property abroad, or maintaining multinational family ties. These global connections … Continued
Only a few states require licensure of non-corporate professional fiduciaries. California, which is one of those states, strictly regulates professional fiduciaries in order to help protect against potential neglect or the physical, emotional or financial abuse of vulnerable clients. This article will focus on the regulatory and licensing requirements for professional fiduciaries in California in … Continued
First and foremost, I would like to thank the members of the Trusts and Estates Law Section for the privilege of allowing me to serve as chair of the section for the year 2025. It is an absolute honor, and I look forward to our section having a great year. Thank you to outgoing chair … Continued
Case Overview In a 2024 decision, the Colorado Court of Appeals reinforced the protection of a beneficiary’s interest in a third-party trust during divorce proceedings. The case, In re Marriage of Smith,1 provides significant insights into how discretionary trusts are treated in marital dissolutions under Colorado law, and teaches important lessons relevant for estate planners across the … Continued
Despite proper estate planning, a testator’s testamentary scheme may be rendered ineffective if their last will and testament cannot be located after their death. The unfortunate, yet inevitable occurrence, of a lost or unintentionally destroyed will can cause uncertainty, delay, and additional expense to the estate, as often a hearing is required. This article explores … Continued
Examination of Fiduciary In In re Nicholson, the court was confronted with a motion to compel the co-executor of the estate to respond to four categories of questions that he had been directed not to answer during the course of his examination pursuant to SCPA 2211. The decedent died with a will survived by his wife and … Continued
Decisions of Interest, Recent Updates in Florida Law and Practice Tip for Non-Florida Lawyers An estate may be re-opened to rescind a wrongful death settlement to a decedent’s trust upon claims of fraud, despite a waiver of further distributions from the decedent’s trust. The Fourth District Court of Appeal reversed a trial court order denying … Continued