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Recent statutory changes in Tennessee law has authorized the separation of the traditional trustee roles by allowing for the appointment of a Trust Advisor (also referred to as a Trust Protector) who can have the authority to “direct” an exercise of a power held by the Trustee, including direction concerning investment and distribution decisions. In addition to several changes to the law, it added a new Part 13 that permits the creation of Special Purpose Entities to serve as Trust Advisors for trusts for which a Tennessee corporate fiduciary is serving as Trustee.

Over the past decade, matriarchs and patriarchs of successful families have been shifting their focus from their children to a broader group of individuals, such as grandchildren, siblings, and nieces. Often, they choose to create family banks, which are typically trusts that are funded to help individuals pursue entrepreneurial opportunities, venture philanthropy, and knowledge in a structured and more-likely-to-succeed manner. Family banks can be customized to fit a family’s agenda, and the risks inherent in family banks can be thoughtfully managed.

Trusts classified as foreign for U.S. tax purposes, whether established under the law of a U.S. state or of an offshore jurisdiction, must review whether they have any U.S. tax or information reporting filings to make in 2019 with regard to income earned and distributions made in 2018. This article provides trust officers and family advisers with a summary checklist, including other filing and reporting requirements for foreign trusts.

The creation of a charitable remainder trust can provide you with a lifetime income stream while helping fulfill legacy goals of supporting charitable organizations that are important to you. There are two kinds, which are minor variations of each other: the Charitable Remainder Annuity (CRAT) and the Charitable Remainder Unitrust (CRUT).

The U.S. Supreme Court will revisit state tax nexus for the second year in a row after granting North Carolina’s petition for certiorari in North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust (Docket No. 18-457). Kaestner and Fielding could have significant implications on the state taxation of trusts. All multistate taxpayers should prepare for the potential wider-ranging impacts of the U.S.

Whether it be a family member, trusted friend, or professional advisor, whom you pick as a trustee matters. An ideal trustee will follow through on the objectives outlined during your lifetime, your spouse’s lifetime, and through the trust’s ultimate disposition. When choosing the right trustee, it is important to explore the key criteria to help make this difficult but important decision.

Although it is flattering to be asked to be a trustee, you should give careful consideration about serving in this important role, as performing the responsibilities of a fiduciary can expose you to great personal liability, especially if you lack training. Learn from the common mistakes made by family members serving as trustees and the ways for a trustee to protect against the liability that is inherent when serving in a fiduciary role.

Becoming a great beneficiary starts with having a great trustee. If a trustee devotes the majority of his or her time to administrative matters and managing investments, the wealth distribution process often gets the least attention when it ideally deserves the most. To some trustees, the distribution process may simply seem like a meeting with a beneficiary’s banker. By building a robust distribution process, however, a beneficiary can become better equipped and empowered to live well with wealth.