Everyone who lived through September 11, 2001, shares a common experience. Although colored by our individual circumstances, we remember looking at the horrific images of destruction and misery and wondering why this tragedy occurred. Since that fateful day, Americans have flocked to churches, synagogues, mosques, and other places of worship seeking answers to questions regarding the meaning of life and the existence of suffering. This national tragedy continues to affect all of us to varying … [Read more...] about Estate Planning Reduces Stress During High Anxiety Times
The Other Side of the Unauthorized Practice of Law
There’s something about lawyers that evokes strong emotions. Perhaps it’s the glamorous depiction in television shows that focuses on high hourly rates, three-martini lunches, and luxury automobiles. Perhaps it’s the countless movies about attorneys operating outside the law. Perhaps it’s the media stories about disbarred attorneys or non-lawyers facing criminal charges. The foregoing examples contribute to public misconception and share the underlying theme and focus of this article: the … [Read more...] about The Other Side of the Unauthorized Practice of Law
Dealing with a Negative Review
Ubiquitous access to the internet has made leaving a review easier than ever. A few keystrokes allow a disgruntled client, former client, or stranger to post a negative review on any number of sites: Martindale Hubbell, Avvo, Yelp, Google, etc. Many of these sites lack safeguards to ensure the truthfulness of the review and the seemingly consequence-free environment provided by the internet may encourage more negativity than warranted. Attorneys must keep in mind ethical obligations when … [Read more...] about Dealing with a Negative Review
Changing “Irrevocable” Trusts Through Use of a Trust Protector
This third and final part of a three-part series discusses changes to an irrevocable trust using a trust protector. The first part explored Changing “Irrevocable” Trusts Through Judicial and Nonjudicial Modification, and the second part reviewed Changing “Irrevocable” Trusts Through Decanting. While judicial and nonjudicial modification and decanting derive from state law, trust protector provisions originate from the trust instrument itself and by extension, from the grantor. The grantor … [Read more...] about Changing “Irrevocable” Trusts Through Use of a Trust Protector
Changing “Irrevocable” Trusts Through Decanting
This second part of a three-part series discusses changes to irrevocable trusts using decanting. The first part explored Changing “Irrevocable” Trusts Through Judicial and Nonjudicial Modifications, and the final part will review the use of a Trust Protector to modify an otherwise irrevocable trust. Unlike judicial and nonjudicial modification or the use of a Trust Protector, decanting relies upon an extension of the trustee’s existing power to distribute trust assets. In states that … [Read more...] about Changing “Irrevocable” Trusts Through Decanting
Changing “Irrevocable” Trusts Through Judicial and Nonjudicial Modification
Sometimes circumstances change in ways you never anticipated when signing your irrevocable trust. While you cannot reverse time, there are a few ways that you might be able to modify an irrevocable trust. This first part of a three-part series explores changes to irrevocable trusts using judicial and nonjudicial modification. The second part examines decanting, and the final part reviews the use of a Trust Protector to modify an otherwise irrevocable trust. Many think that an irrevocable … [Read more...] about Changing “Irrevocable” Trusts Through Judicial and Nonjudicial Modification
