Any trusts and estates attorney who has been in practice for more than a few years is likely to have dealt with an incapacitated trustee. A common problem is that of a superannuated trustee who is no ...

Assume sole trustee of an irrevocable discretionary trust for benefit of deceased settlor’s descendants living from time to time suffers a sudden unforeseen mental disability that causes trustee to ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

Rochelle (Shelly) Sterling, wife of Los Angeles real estate mogul and billionaire Donald Sterling, made headlines in May when she argued to a probate court that her husband was mentally ...

Question: My wife and I completed our estate planning and we named a large bank to be our trustee if we die or cannot be our own trustees due to mental incapacity. We recently learned that the bank we ...

All too often I hear stories of family members who are named successor trustee in a loved one’s trust who do not seek legal advice about their role as trustee and never trigger the mechanism in the ...

Lawyer Michael Hallinan of Sydney-based Townsend Business & Corporate Lawyers, who initially thought it was a good idea, agreed that when you scrutinise the NSW law that relates to the granting of a ...

At its January meeting, the New Jersey State Bar Association's (NJSBA) governing body took action on a range of topics, including proposed rule changes to ensure the protection of incapacitated adults ...

Beneficiaries of trust can face a difficult situation when the trustee of their trust either dies or becomes incapacitated. They may have many questions about the trust, such as what assets are in the ...