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Archive for the ‘Trustees & Personal Representatives’ Category

Trust Disclosure – Devil Is in the Details

Dean Mead Attorney Joseph Naberhaus
Published: November 26th, 2018

By: Joseph K. Naberhaus

Trust Disclosure – Devil Is in the Details Greed and misunderstandings can throw sand into the workings of family trusts, and one of the primary ways the law protects beneficiaries is to require trustees to make regular accounting disclosures of how they manage trusts. If disclosure suggests a trustee has breached a fiduciary duty, beneficiaries […]

Posted in Articles, Estate & Trust Administrations, Estate & Trust Litigation, Estate, Gift & GST Tax, Trustees & Personal Representatives, Trusts and Estates Blog

Naberhaus Attorneys Talk Duties and Dangers in the Administration of a Trust

Dean Mead Attorney Joseph Naberhaus
Dean Mead Attorney Robert Naberhaus
Published: June 14th, 2018

By: Joseph K. Naberhaus Robert J. Naberhaus III

Rob Naberhaus and Joey Naberhaus, attorneys in Dean Mead’s Viera office, gave a presentation last week to a full house at the Hilton Melbourne Rialto Place on the topic of duties and dangers that can arise for Trustees as they’re carrying out numerous responsibilities in the administration of a trust. Using recent case studies, the […]

Posted in Articles, Estate & Trust Administrations, Estate & Trust Litigation, Trustees & Personal Representatives, Trusts and Estates Blog

Courts Look for Goldilocks Sweet Spot in Awarding Fees for RFA

Published: May 29th, 2018

By: Timothy W. Sobczak

After a plaintiff won a $2 million wrongful death verdict against two tobacco companies, his lawyers sought almost $1 million in attorney fees and expenses. Attorneys argued that the tobacco company defendants should reimburse the plaintiff for the enormous cost of proving facts that were so obviously truthful that they should not have been contested […]

Posted in Articles, Estate & Trust Litigation, Trustees & Personal Representatives, Trusts and Estates Blog

Upcoming Dean Mead Seminar: Trustees Beware – Discussion of Duties and Dangers

Dean Mead Attorney Joseph Naberhaus
Dean Mead Attorney Robert Naberhaus
Published: May 16th, 2018

By: Joseph K. Naberhaus Robert J. Naberhaus III

Dean Mead’s Estate & Succession Planning Department presents an educational seminar on  Trustees Beware – Discussion of Duties and Dangers  Trustees have numerous responsibilities in the administration of a trust. There are many situations where a trustee can trip up and unknowingly expose itself to liability. Using case studies, attorneys Robert J. Naberhaus III and […]

Posted in Articles, Estate & Trust Administrations, Events, Trustees & Personal Representatives

Estate Planning Implications Under The Tax Cuts and Jobs Act

Trust and Estate Attorney Orlando
Published: December 22nd, 2017

By: Matthew J. Ahearn Brian M. Malec

In their first major legislative victory since President Trump took office, the GOP passed through the House and Senate earlier this week what is touted to be the most extensive reform of the U.S. tax system since 1986. President Trump officially signed the bill into law this morning before leaving Washington for Mar-A-Lago. This Article […]

Posted in Articles, Estate & Trust Administrations, Estate Tax Return, Estate, Gift & GST Planning, Retirement Plans, Trustees & Personal Representatives, Trusts and Estates Blog

Failure to Follow Signing Formalities Can Sink an Estate Plan

Published: June 6th, 2017

By: Brad Gould

Wills and trusts must be executed with certain formalities. If those formalities are not strictly complied with by the parties, the documents may be disregarded. In the case of Kelly vs. Lindenau, a grantor’s failure to have two witnesses sign a trust amendment resulted in the invalidity of the trust amendment. The grantor, Ralph Falkenthal, […]

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Posted in Articles, Estate & Trust Administrations, Estate & Trust Litigation, Modification of Irrevocable Trusts, Trustees & Personal Representatives, Trusts and Estates Blog, Wills

Top Five Estate Planning Steps to Take During a Divorce

Published: April 22nd, 2016

By: Brad Gould

Divorces are stressful and expensive situations for everyone involved.  However, they can be a lot worse if one spouse dies before the divorce is finalized.  Whether you are the recipient of a divorce petition or the sender, one of the first people you should call (after your divorce attorney) is your estate planning attorney*.  The […]

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Posted in Articles, Asset Protection, Elder Law, Trustees & Personal Representatives, Trusts and Estates Blog, Wills

Legal Fees and the Elective Share

Published: February 3rd, 2016

By: Brad Gould

Recently, Florida’s Fourth District Court of Appeals held that legal fees incurred by the personal representatives of an estate to defend claims against the estate are not chargeable against the elective share. In Blackburn v. Boulis, the personal representatives incurred attorneys’ fees as a result of “years of contentious litigation in probate court.” The probate […]

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Posted in Trustees & Personal Representatives, Trusts and Estates Blog