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To embed, copy and paste the code into your website or blog: In prior postings we have considered how the plethora of hyper-technical legislative tweaks to and partial codifications of the principles-based law of trusts, such as the Uniform Trust Code and the Uniform Trust Decanting Act, are perversely rendering the law of trusts less uniform across the jurisdictions, as well as ever more hyper-technical, incoherent, and inaccessible to all but the initiated. For a detailed brief in support of the case against codifying aspects of equity doctrine see generally Chapter 1 of Loring and Rounds: ...

Friday, January 29, 2021 Trust companies look at a variety of factors in deciding whether to accept trusts for administration. While a well-crafted estate plan, funded with straight-forward, traditional assets, created for the benefit of amicable beneficiaries is the ideal new account to onboard, even the best laid plans can be thwarted when an unforeseen fight erupts between the beneficiaries or against their new trustee. Assets once intended for children, grandchildren or charities are instead spent on attorney fees in extended lawsuits. Setting expectations with living settlors a...

New to N.H.? Have your estate planning documents reviewed by N.H. attorney By Denis P. Dillon Clients moving to New Hampshire frequently ask whether the estate plan (collectively a will, health care advance directive, financial power of attorney, and a trust)  created in their former state of residence  is valid in New Hampshire. Generally speaking, a plan validly executed in another state  (a “foreign plan” ) is valid in New Hampshire. However, there may be good reasons to modify a  foreign plan after a move or at the very least have an attorney licensed in New Hampshire review the d...

Will a living trust help with probate and inheritance taxes? Updated Jan 11, 2021; — Planning A. We’re glad you’re trying to plan ahead to make sure your wishes are followed. A living trust is a trust that is created during a person’s lifetime. New Jersey’s Uniform Trust Code, N.J.S.A. 3B:31-1, et seq., governs the creation and validity of trusts, said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park. She said assets in a trust are not subject to the probate process. But, she said, the probate process in New Jersey is simple and there...