Question: Our firm has been attorney for a Credit Shelter Trust for a deceased client over 30 years ago. A member of the firm had always been a co-trustee until last year. Client’s widow [...]

Question: What is the procedure for a trustee who has successor rights to take over as trustee? Response: Typically, the named successor trustee to a trust does not take over until the existing [...]

                                                  Historically, trusts [...]

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 [...]

Question: My grandmother left a trust and will when she passed. My father is in charge of the trust finances and real estate. The will states that he cannot sell the property in the trust, but he [...]

Question: Does the trustee of an irrevocable trust pay income tax on the fee they charge the trust? Would that fee then be a deduction from trust income? Response: Yes on both counts. Fees earned [...]

Question: When are trustee fees normally paid? (i.e. end of year, beginning of year, prorated monthly?) Response: There’s no hard and fast rule, but often trustee fees are paid [...]

Question: Can a guardian or conservator live in a different state from the protected person? What about an agent under a durable power of attorney or health care proxy or the trustee of a special [...]

Queston: Many of the suggestions you give to protect seniors from fraud involve children—children as co-trustees of revocable trusts, as joint account holders, etc. What do you recommend for [...]

Question: I am a remainder beneficiary of an irrevocable trust that was set up for my younger brother with cerebral palsy. The trustee is not keeping my best interests in mind at all. He is [...]