Beginning with the trustee fiduciary duties to the beneficiaries of a trust, attorney Abbey Magnuson of Foley & Lardner’s Estate & Trusts Practice Group discusses ways to mitigate trustee liability in this 10-minute interview with Brian Lucareli. Abbey also emphasizes the role Family Offices play in the administration of trusts and ho...
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To effectively serve as a trustee, it's crucial to understand your fiduciary duties. Even trustees with the best of intentions can create liability for themselves by being unprepared for the job or by not fully understanding their obligations. Learn more about some of the common mistakes family trustees make that can lead to lawsuits and other...
When it comes to selecting trustees, families often choose family members to serve in this role. However, if you agree to serve as a trustee, you become a “fiduciary” who must understand all of your fiduciary duties and perform them all. This is vital because even if you do not understand your duties, you can still be held liable for violating...
Unlike trustees, who have very specific fiduciary duties spelled out for them in our trust laws, beneficiaries don’t have much guidance to help them in the role of beneficiary. Our answers to these frequently asked questions should help provide guidance on how to be a good beneficiary and your rights as a beneficiary under Michigan law.
Serving as a trustee for your family can be a valuable experience for you, while also providing an important service to your family. But before you accept the position, make sure that you understand the role you will play for the family and are willing to accept the responsibilities and liability that come with it.
Selecting the right trustee is one of the most important decisions a grantor will make. The role of trustee has evolved significantly over the 21st century, and today’s trustee needs to recognize that a trust is rooted in a human relationship, not just a legal one. When selecting your trustee, look for the 7 traits to help you select the righ...
A trustee’s job is to carry out the intent of the trust creator, using the trust document as a roadmap. Trustees and beneficiaries must work to build a mutually beneficial relationship to ensure long-term success. In the latest Tolleson Insights podcast, President Richard Joyner provides a road map on the five principles families should consi...
Death isn’t something many want to think about, but estate planning is a complex topic with consequential decisions. Tolleson Wealth Management President Richard Joyner discusses what to think about and how to select a trustee in this episode. Listen to the next episode to learn about the five principles families should conside...
Couples nearing marriage often confront challenging questions and must make difficult decisions around complex, emotionally charged issues. Somewhere in the process of sorting out financial and estate planning decisions, the question on whether to have a prenuptial agreement may emerge. Here are steps that you and your families may find helpful in ...
Ultimately, how well your wealth transfer plan fulfills your legacy and meets the needs of the next—and future—generations depends on whom you name as your trustee(s). This makes your trustee selection one of the most critical aspects of an already complex wealth planning process. To help navigate this selection process, work with a framework built...
The basic foundation for every core legacy plan starts with five documents: a will, an irrevocable or living trust, a durable power of attorney for financial management, an advanced medical directive, and a HIPAA release. John Forster, a partner with the law firm of Baker Hostetler, who has interviewed some of the most successful families in the U....
Estate planning can encompass more than addressing your potential tax exposure. It frequently requires protection of a “fragile beneficiary,” who can include family members with disabilities, individuals struggling with addiction, spendthrifts, and even minors. With planning options available through various trusts, there are ways in wh...
In this election year competing visions of tax reform is center stage front page news. Mark Blumenthal, partner and chairman of the Family Office Service Group at Blackman Kallick Plante Moran discussed at this 2012 Financial Executives Forum session why this year may be a once-in-a-lifetime tax planning opportunity for both businesses and wealthy ...
The two-year window is closing on opportunities for families to capitalize on gift, estate, and generation-skipping tax provisions of the 2010 Tax Act. In this 2012 Financial Executives Forum session, Susan von Herrmann, a partner in Schiff Hardin’s private clients and trusts and estates group, looked at gifting strategies in light of the Act's imp...
When seeking to preserve the family legacy and wealth, families can create custom-tailored trusts to meet their specific needs and goals. In this overview, learn about why families form trusts, the different types of trusts available, the essential role of trustee, and why families might choose a bundled trust structure versus a Directed Trust stru...