When you create an irrevocable trust, usually, the terms are set in stone. But what happens when you need to make adjustments due to significant life, law or personal changes? For example, let’s say ...

Decanting is the act of distributing the assets of an old trust to a new one with more desirable terms. It provides an easy method for correcting errors or ambiguities, adapting a trust to changes in ...

Editor’s Note: This article is a preview of a longer, more in-depth article on this topic that will be published in our February issue. Trust decanting is gaining popularity as a flexible and ...

Most of us think of irrevocable trusts as being set in stone. The trust document, together with state and federal law, defines the beneficiaries, trustees, terms of distribution, tax consequences and ...

Trustee?s power of appointment vs. fiduciary power Phipps v. Palm Beach Trust Co. (Florida), Estate of Spencer (Iowa), and Weidenmayer v. Johnson (New Jersey) Lack of New York common law Glenn G. Fox ...

New Jersey does not have a statute authorizing the decanting of trusts, but a "common-law decanting" can be accomplished thanks to the Wiedenmayer case. For tax and nontax reasons, estate planning ...

The last legislative session provided for changes in the Nevada trust laws and the governor signed the bill June 10. The main goal was to change the basic estate planning trust so the ultimate ...

Developing an estate plan, with a comprehensive Will and Trust, can help control and may even protect the uncertainty one experiences with dividing assets in a divorce. One estate planning mechanism ...