by Jody H. Hall, Paralegal The terms Beneficiary and Heir both refer to someone who receives an inheritance after someone passes away. However, while the terms are often used interchangeably, they do not always refer to the same individual or set of individuals. Heirs can be beneficiaries but beneficiaries are not always heirs. In our […]
By Chelsea May In December, President Trump signed into law what is commonly referred to as the Tax Cuts and Jobs Act. This legislation, which is mostly effective as of January 1, 2018, is the first major reform to the federal tax code since 1986 and affects almost every individual and business taxpayers in some […]
Note: From time to time we invite guest bloggers to share their thoughts on our blog. The following is a guest blog authored by John A. Warnick, the founder of the Purposeful Planning Institute. by John A. Warnick, Esq. Family Trusts commonly preserve family financial asset, but fail to preserve either family or trust—Hartley Goldstone, author […]
MONDAY, OCTOBER 23, 2017 7:30 – 8:00 a.m. – Breakfast and Registration 8:00 – 10:00 a.m. – Presentation Grand Hyatt Denver Capitol Peak A, 555 17th Street, 38th Floor Denver, CO 80202 ABOUT THE SYMPOSIUM Every day, the Fiduciary Solutions Practice Group at Holland & Hart addresses legal issues that impact fiduciaries and beneficiaries and […]
by Kelly Dickson Cooper Settlors often ask whether they can change the beneficiaries of an irrevocable trust because life circumstances or relationships have changed. Often, the answer is no. However, in a recent case in New York, the trustee was able to accomplish the settlor’s desire to disinherit one of his children through a decanting.
by Carol Warnick As the old song by Paul Simon contemplates, there are fifty ways to leave your lover, and there are also fifty ways to plan, administer and litigate estates and trusts. I have recently become aware of various situations in which attorneys assume that because things are done a certain way in the […]
by Matthew Skotak The term “fiduciary” can be considered a vague term that encompasses many different people and several different relationships. Under Colorado law, a fiduciary includes, without limitation, a trustee of any trust, a personal representative, guardian, conservator, receiver, partner, agent, or “any other person acting in a fiduciary capacity for any person, trust, […]
by Chelsea May IRS Revenue Procedure 2017-34, effective as of June 9, 2017, increases the amount of time that a surviving spouse has to file an estate tax return (Form 706) for the purpose of electing portability of the Deceased Spousal Unused Exclusion amount (otherwise known as “DSUE”). The portability election, which was first introduced […]
by Kelly Dickson Cooper More and more, I review trust agreements that appoint a trustee, but then appoint other individuals or institutions to perform certain tasks that are normally in the domain of the trustee. They are sometimes referred to as trust protectors, trust advisors, trust directors, special powerholders, investment trustees, or distribution trustees. I […]