Navigating the emotional and logistical complexities of administering a loved one’s estate after their death can be difficult. The additional burden of having to decide what to do with all of their stuff (also known as tangible property) highlights the critical role of effective estate planning. The clarity and directives provided by a well-structured estate
Private Wealth Disputes
Executor and Trustee Selection
Who should I nominate as the Executor of my Will? Who should be the Trustee of my Trust? Should the Executor and Trustee be the same person? Should I nominate my children? Can I name multiple people in these roles? What if I don’t have anyone appropriate to name?
These are questions that every estate…
Overuse of Beneficiary Designations: How They Can Derail a Client’s Estate Plan
“I notice that your account does not have a beneficiary listed, would you like to list one now? Listing a beneficiary can avoid the expense and delay of probate.”
This is a question more and more of our clients are being asked (and encouraged to prepare) by representatives at financial institutions. However, for many of our…
Nonjudicial Settlement Agreements in Connecticut
Sometimes, a Trustee of an irrevocable trust needs guidance on properly administrating a trust or seeking formal approval for their actions. Historically, in Connecticut, the Probate Courts have served that function. Probate Courts provide a forum for a Trustee to raise questions or to seek formal approval of the Trustee’s actions. That could include seeking clarification…
Probate Litigation Alert: Connecticut Supreme Court Affirms Validity of No Contest Clauses
Following up an advisory we published last year (click here to read), we offer this update on recent developments in the case of Salce v. Cardello that may have meaningful implications for the use and enforcement of no contest clauses in wills and trusts.
In a narrow and unusual ruling, the Connecticut Supreme Court denied…
Discretionary Trust Assets Deemed “Marital Property” in Divorce Judgment: Massachusetts Appellate Court Issues Troubling Ruling That Could Impact Estate Planners Across the U.S.
Highlighted in re Jones v. Jones, 103 Mass. App. Ct. 223 (2023)
In a troubling ruling that potentially could impact estate planning across the country, a Massachusetts appellate court ruled that the corpus of a discretionary trust created by a parent in Michigan, for the benefit of an adult child living in Massachusetts, could be…
Enforcement of a No-Contest Clause
Highlighted by Meiri v. Shamtoubi
Courts are often reluctant to enforce no-contest clauses in estate and probate matters. As noted in our prior alert on the Connecticut Appellate Court case Salce v. Cardello, even where the terms of the no-contest clause appear to have been breached, the enforcement of a no-contest clause can be…