How Do I Use My Mother’s Durable Power of Attorney?
Question: My mother granted me her durable power of attorney six months ago and she now has rapidly advancing dementia but I am not sure how to use it. Response: You need to take the original [...]
Problems with Non-US Owners of US Investment Accounts
Question: My two sons are British citizens living in the United Kingdom. They are beneficiaries of my trust here in the United States. How can they claim or receive the money? There’s no [...]
If I Spend My Winters in Florida Should I have Separate Florida Estate Planning Documents?
Question: If I spend my winters in Florida, should I have separate Florida estate planning documents? Response: As with many responses to legal questions, the answer is yes and no—one being the [...]
Medicaid Requires that Net Rental Income be Paid to Nursing Home
Question: A woman is single and owns rental property. I understand that the rental property is an exempt asset for Medicaid eligibility purposes but that the income generated by such rental [...]
When is a Trust Protector Needed and What is Their Function?
Historically, trusts [...]
Can a Neglectful Trustee be Denied his Fees?
Question: Can a family member trustee be denied some or all of his fee for refusing to administer the trust as put forth in the trust document? As well as neglecting ALL fiduciary duties that he [...]
How Do You Report the Income on a Nominee Realty Trust
Question: Are Nominee Trusts (or Realty Trusts) revocable by nature? Since they don’t require a trust tax return at the end of the year, and it is my understanding that they are of [...]