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

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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

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