Discovery Goofs
An inadvertently disclosed document is sometimes a buried treasure -- but always a hot potato. Here's what to do when one lands in your lap...
Bonus Edition: Behind the Astor News
Indictment makes a mystery man out of a respected lawyer -- who could act as a key witness in the criminal trial. ...
Get Me to the Church on Time
The Kinney case out of Minnesota offers a good review of the general requirements for a valid prenuptial agreement. ...
Editorial Masthead
Editor in Chief Rorie M. Sherman rorie.sherman@penton.com...
Capital Crunch Squeezes TIC Industry
Many users of the popular tenant-in-common (TIC) investment vehicle in commercial real estate are hoping they have the stamina to withstand a double blow...
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Where "In Terrorem" Clauses Should Spark Fear
In Florida, no-contest clauses -- aka in terrorem clauses -- are void as against public policy, thought to chill citizens' access to the courts for redress. In Washington, D.C., they are strictly enforced. ...
Retirement Income Navigator
Kelley Rating (one asterisk = lowest, to five asterisks = highest):
- ease of navigation, design of interface and learning curve ***
- instructional documentation and help system ***
- carries out the goal of the product as advertised ****
- overall usefulness **** ...
Selling Property?
The Treasury Department and Internal Revenue Service are expected this week to adopt a rule change that effectively kills the use of private annuity trusts to postpone taxes on the sale of appreciated property. ...
The Twilight of Employer-Sponsored Health Insurance?
There's a lot of talk lately about revamping our health care system to address its outrageous costs and the millions of uninsured. ...
Heckerling 2007: A View From the Booth
The 41st Annual Heckerling Institute on Estate Planning (held in Orlando, Fla. on Jan. 8-12) offered exceptional expert presenters and written materials for the trusts-and-estates practice. The event featured numerous exhibitors displaying the latest products and services in an informative and educational manner....
Attorneys' Fees
Some wags who practice in the Probate Division here in Chicago say an estate is only “fully probated” when it has been fully eaten up by lawyers’ fees in litigation or other legal matters. For the literary, such quips bring to mind Jarndyce v. Jarndyce in Charles Dickens’ novel, Bleak House, lampooning the 19th century English chancery courts....
Buried Treasure
It is the rarest and most valuable coin in the world, designed by a famed sculptor at the request of President Theodore Roosevelt in 1905. It should never have been minted. And, for decades, the U.S. government has fought to keep a surviving few out of private hands....
Holiday Wish: a Trusts and Estates Desktop
If you were starting from scratch with a reasonable budget to create a complex of software and quick Internet references for assisting with an efficient trusts-and-estates practice, what should you include on your wish list? ...
New Money
Studies indicate stock options have contributed significantly to the sharp rise in the number of households worth $25 million and more. That means there's a growing number of executives who qualify as clients for the services of top-flight wealth management advisors. ...
IRA Opportunity
Act quickly. This year and next, there’s a chance for people who are at least 70½ years old to donate funds from their individual retirement accounts (IRAs) directly to charities without incurring income tax on the donation. ...
Forms on the Web for the T&E Practice
Why consider looking for forms on the Web? There are numerous websites with trusts-and estates-related drafting forms and drafting advice, both for free and for a fee. You should, of course, shop for such forms with the same care you apply to evaluating any other products you use in your practice. ...
Human Nature, Both Sides Now
If you do estate and trust litigation for a living, it's easy to begin thinking that greed is ubiquitous. But just when you might harden into cynicism, a case comes along to restore your faith in human nature. ...
Insuring Antiques and Collectibles
Too many clients fail to insure their collections, often because they don't want to create records of their valuables' worth; sometimes because they just don't get around to it. ...
Planned Giving Resources
The World Wide Web offers some excellent resources for calculating and presenting the financial and tax implications of charitable giving. These tools serve a valuable function -- they help potential donors devise financial plans aligned with their values and objectives -- while changing the way people think about philanthropy....
Just in Time for Halloween: A Dumont-like Horror
Stock concentration cases against fiduciaries just keep getting scarier. ...
A New Calculus
The after-effects of Warren Buffett's $31 billion gift to the Gates Foundation -- like any other seismic shift -- continue to circle outward. ...
So You Think You Know PowerPoint
You don't need to be an advanced PowerPoint user capable of injecting all the bells and whistles into a slide show to quickly create a useful presentation. When you need to accomplish succinct and effective communication with a client, colleagues or a group, you can do so through PowerPoint without fuss and furor. ...
Dad Wins—No Contest
Some states, such as Florida, ban no-contest clauses in wills as against public policy. A greater number of states allow these measures -- also known as "in terrorem" clauses -- but rarely enforce them. ...
Executive Long-Term Care
Executive long-term care insurance can be an attractive benefit both for the company offering it and the insured. For one thing, a company is not required offer coverage to lower level employees because long-term care insurance is not subject to "discrimination testing." An employer can "carve out" selected key employees for long-term care insurance....
GainsKeeper
Tracks the gains and losses in securities portfolios and supplies a variety of tax preparation assistance ...
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