How Has COVID Affected Your Estate Plan?

The COVID pandemic has led to many changes in the economy which may have short- and long-term effects on your existing estate plan.  If you have not revisited your plan in the past 3-5 years, now may be a good time to do so. Particularly with potentially large estates, this could be...

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What is the Corporate Opportunity Doctrine?

Directors, officers, and employees of a corporation owe fiduciary duties to the corporation. One of these fiduciary duties is a duty of loyalty. Corporate fiduciaries cannot do harm to the company the serve.  More particularly in the context of business opportunities, they cannot seize for themselves a business opportunity that would otherwise...

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Addressing Financial Elder Abuse

You are no doubt familiar with the many telemarketing scandals that have become pervasive over the past decade.  Fraud campaigns that prey on the elderly and isolated.  More prevalent, and less discussed, are the fraudulent actions of those closest to the elderly.  Friends, and even family members, perhaps acting as caregivers for...

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What is a No Contest Clause?

It is your money, and the laws of all 50 states provide great deference to people’s wishes when passing on their estate. Provided your Will or Trust does not contain inheritance provisions that violate public policy, the Court will not interfere with your wishes. But what if your estate plan is not...

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Avoiding Trustee Self-Dealing

Trustee accept certain fiduciary duties when they agree to take on the role.  Their ignorance of these specific duties can sometimes be the source of disputes and litigation with the Trust beneficiaries.  Perhaps the most common dispute arises because of accusations of Trustee self-dealing.  

Duties of the Trustee