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Tag Archives: prudent investor act
Creating and Maintaining Flexibility in Wills and Trusts
The principal objective when drafting wills or trust agreements is to best effectuate the intent of the settlor or testator, while at the same time ensuring that the most advantageous tax and legal objectives are met. Since the will may … Continue reading
Posted in News
Tagged children born to future spouses, dispositioins per stirpes by representation, eptl 11-2.3, Exculpatory clauses in trusts, governing law trust provisions, HEMS asset protection, indemnification clauses in trusts, marital deduction, matter of rothko 401 N.Y.S.2d 449, non-beneficiaries' right to information, persona liability for actions of co-trustees, Portability, prudent investor act, prudent investor standard eptl 11-2.3(b), Prudent Person standard, qualified disclaimers nys, sample will tax provision, scope of trustee discretion, single signatory, survivorship and gst issues in trusts, trust annual accounting NYS, trust decanting, trustee "hold back" provision, trustee discretion health education maintenance and support, trustee has absolute discretion, trustee has discretion limited to an ascertainable standard, Trustee HEMS, trustee incapacity, trusts and s corporations
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Analysis of 2012 Fiduciary Decisions in Surrogates Court
I. Constructive Trusts & Powers of Attorney. A “constructive trust” arises when equity intervenes to protect the rightful owner from the holder of legal title, where legal title was acquired through fraud, duress, undue influence, mistake, breach of fiduciary … Continue reading
Posted in Estate Litigation, Fiduciaries, Probate & Administration
Tagged constructive trusts, delay in trust distribution, EPTL 11-2.3[b]-2.3, Estate Litigation, fiduciary litigation, ny prudent investor act, probate, prudent investor act, prudent investor standard, trust distributions
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