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This page is a archive of recent entries in the Fiduciary Issues category.

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Recent Developments in Asset Protection Law - August 2011

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Recent Developments in Asset Protection Law - August 2011By: Jay AdkissonALTER EGOMisik: California Rule 187 Motion to Amend On Alter Ego Grounds Works Against Owner Of Single-Member LLC Even In Absence Of Actual FraudMisik v. D'Arco, ___ Cal.Rptr.3d ____, 2011...

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Annuities and the Law of Unintended Consequences

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Annuities and the Law of Unintended ConsequencesThe Trusts and Estates ConundrumBy: David F. Sterling, JDEditor's Note: This is the second in a series of articles by Mr. Sterling on annuities. You may find the first article here.The Law of Unintended...

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Ode to the Trust - 2nd Sonata

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Ode to the Trust - 2nd SonataBy: Martin M. Shenkman, CPA, MBA, JDSummary: Here's part two of the exciting, can't catch your breath topic, how to operate your trusts. Many folks seem to think if they've signed a trust they've...

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Ode to the Trust - 1st Sonata

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Ode to the Trust - 1st SonataBy: Martin M. Shenkman, CPA, MBA, JDEditor's Note: This is the first in a two-part article by Mr. Shenkman on the management of trusts. The second part will be published in one week.Summary: So...

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Recent Developments in Asset Protection Law, May 2011

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Recent Developments in Asset Protection Law, May 2011By: Jay D. AdkissonFRAUDULENT TRANSFERSGenerallyRocky Mountain Holdings: Undercapitalization, Consent Order, Limited Partnership, Antecedent Debt, and Reasonably Equivalent Value Issues Make For An Interesting Fraudulent Transfer Case U.S. v. Rocky Mountain Holdings, Inc., 2011...

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WHAT WEALTH MANAGEMENT PROFESSIONALS, TRUST OFFICERS AND ESTATE PLANNERS NEED TO KNOW ABOUT TRUST PROTECTORSRichard C. AusnessBaker and Gallion Professor of LawUniversity of Kentucky College of LawI. Introduction.     Financial planners and others who provide professional investment advice work closely with...

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Religious Estate Planning

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Religious Estate PlanningBy: Martin M. ShenkmanSummary: Estate planning should be a holistic multi-disciplinary process that addresses all of your important goals. Here's a general list of concepts to begin the process:Religion Counts: According to many surveys, 95+ percent of Americans believe...

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Trusts: Situs, Star Wars, and State Taxation

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Trusts: Situs, Star Wars, and State TaxationBy: Martin M. ShenkmanSummary: All you Wookies hear about is estate tax repeal. Be on guard, a Jedi Light Tax Saber can nick your money when and where you least expect it. So you...

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ILIT Trustees: Bridge Out Ahead... Lock in Your Navigation System NowBy: Melvin A. Warshaw of Financial Architects Partners, LLCEditor's Note: This article was originally published in the American Bar Association's Probate & Property magazine issued in July/August 2010. It has...

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Estate Planning at All Levels of Wealth: Don't the Wealthy Deserve As Much Attention to Competence Planning As Those Who Seek Medicaid Planning? By: Patricia M. Annino of Prince Lobel Glovsky & Tye LLPOne only has to read news stories...

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