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North Carolina Places 15th Again for Trust Decanting in 2017
Posted on: February 10th, 2017
Once again, North Carolina holds steady at #15 out of twenty-five states with provisions for decanting. The collective includes two additional states that adopted legislation for decanting over the past year. The 2017 Trust Decanting State Rankings Chart shows South Dakota and Nevada remain top jurisdictions for decanting. ...
Why North Carolina Trustees Should Acquire Liability Insurance
Posted on: January 25th, 2017
Without liability insurance, trustees remain personally accountable for trust administration mistakes. Certain insurance policies help to manage trustee liability. These errors and omissions insurance policies for trustees provide coverage in the event that claims, lawsuits, or damages occur as a result of the trustee’s actions or inaction....
Asset Protection Risks From Prior Marriages
Posted on: August 25th, 2016
Remarriage after divorce or the death of a spouse poses unique issues that individuals entering a first marriage generally do not have to navigate....
Rights of Trust Beneficiaries
Posted on: June 7th, 2016
Trust beneficiaries have legal rights detailed in the trust documents and governed by state and federal trust code. If problems have resulted from a negligent trustee, or the trustee fails to adequately address issues brought to his or her attention by the beneficiary, it might be time for the beneficiary to reach out to a trust attorney and, potentially, the courts for corrective action....
North Carolina Ranks 15th For Trust Decanting in 2016
Posted on: February 15th, 2016
Trust decanting is a process that allows assets of a trust to be distributed to another trust with different terms; generally the newer trust offers terms that better satisfy the needs of the beneficiary. Some states impose burdensome administration requirements for trust decanting, while others offer easier means of use....
Problems With Old Trusts
Posted on: November 21st, 2015
Even if one’s goals were accomplished when a trust was initially created years ago, those goals might not align with current tax legislation and, sometimes, could result in overly complicated trust administration....
How to Change an Irrevocable Trust
Posted on: April 30th, 2014
Irrevocable trusts have historically been viewed as just that: Irrevocable. However, with advances in state law and drafting techniques, there are now a few ways to amend the terms of an irrevocable trust....
Can I Use a Power of Attorney to Modify a Trust?
Posted on: August 18th, 2013
Although not an everyday question, at times those who are attorneys-in-fact—the authorized agents appointed in an individual’s power of attorney—inquire about their abilities to amend a trust....
Trust Protectors in North Carolina Trusts
Posted on: October 29th, 2012
North Carolina recently expanded its law regarding trust "power holders," persons named in a trust, other than trustee, who are given certain powers over the trust and/or trustee. ...