I have written several blog posts about problems that arise when selling the real estate of a deceased owner. Here is another one that came to our office. An unmarried couple purchased a home together, which they held as tenants in common. While they referred to each other as fiancées, they never did in fact marry before the
Probate & Estate Planning
Does My Trust Need a Trust Protector?
You’re about to create a trust, and your lawyer asks you about a “trust protector.” Do you need one in your trust? It sounds like a good idea, right? Who wouldn’t want their trust “protected”?
Where does “trust protector” idea come from?
Trust protectors are actually a new(ish) invention. Of course, all things are relative.…
Testamentary Validity & the Dilatory Executor
One of the initial steps in managing an estate is to apply for a Grant of Probate or Letters of Administration. These grants authorise the legal personal representative to undertake further estate administration tasks, including gathering the deceased’s assets, settling debts, and distributing the remaining estate to the beneficiaries as the Will stipulates. The executor…
Sparkle & GRIT: Balancing Work & Motherhood with Wendy Meadows
The Billable Mom with Cari Rincker, Episode 22
Welcome to The Billable Mom Podcast with attorney and mother Cari Rincker. In each episode, Cari will speak with other Billable Moms about working motherhood and the struggles to juggle it all. Our time is precious, both at work and at home. Cari and her guests will…
If You Haven’t Reviewed Your Estate Plan Lately, the New Year is a Great Time to Do So
Second Circuit Adopts “Meaningful Benchmark” Pleading Standard in ERISA Cases
In Singh v. Deloitte LLP, et al., No. 23-1108, 2024 WL 5049345 (2d Cir. Dec. 10, 2024), the Second Circuit Court of Appeals upheld a district court’s dismissal of a complaint alleging that plan fiduciaries caused an ERISA-governed 401(k) plan to pay excessive recordkeeping fees. This article discusses the Singh case and its impact on…
Form 706 vs. Form 1041: What is Deductible?
Navigating the tax landscape during estate administration is like solving a complex puzzle with each piece representing opportunity and risk. One challenge is determining where key expenses can be deducted – on the estate tax return (Form 706) and/or the estate’s income tax return (Form 1041). Making this decision impacts the estate’s overall tax liability…
Maryland Guidance Applies Licensing Requirements to Assignees of Residential Mortgage Loans
On January 10, 2025, the Maryland Office of Financial Regulation (“OFR”) issued formal guidance asserting that assignees of residential mortgage loans—including certain “passive trusts” that acquire or obtain assignments of residential mortgage loans in Maryland—must become licensed in Maryland prior to April 10, 2025 unless the assignee is expressly exempt under Maryland law. The guidance,…
Trust and Will
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DOL Lost & Found Database for Retirement Savings Goes Live
If you have ever found $10 in the pocket of a coat that you have not worn for some time, you are familiar with the delight of finding lost money that belongs to you. The Department of Labor’s new Retirement Savings Lost & Found Database (Database) seeks to recreate that feeling in the employee benefits…