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 [...]

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: Upon mom’s death, her will created a special needs trust for my sister. Now, our dad has passed and his trust created a special needs trust for the same sister. Do we have to have [...]

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 [...]

Question: I am trustee for a trust that my parents set up for my brother. The trust gives me total discretion as to when and how much to distribute to him without a HEMS standard. There is no [...]

Have you ever wondered why legal documents are so long and why they contain so much gobbledygook? For instance why are wills called “Last Will and Testament” rather than simply [...]