You likely have created revocable or irrevocable trusts, or a few of both, in your estate plan. Ideally, these have been properly drafted with plenty of flexibility so that they can continue to meet ...

In their Wills, Estates and Surrogate's Practice column, Peter C. Valente and Susan P. Witkin, partners at Blank Rome, write that the new provisions of EPTL 10-6.6 bring considerable clarity and a ...

New Jersey does not have a statute authorizing the decanting of trusts, but a "common-law decanting" can be accomplished thanks to the Wiedenmayer case. For tax and nontax reasons, estate planning ...

Not all trusts age like fine wine. Family situations change, tax laws are updated, and an irrevocable trust created years ago may no longer be ideal for today’s circumstances. In the world of trusts ...

Under the Uniform Trust Decanting Act (UTDA), when a fiduciary with the authority to decant decides to exercise that authority, the fiduciary must give notice to certain individuals of the fiduciary’s ...

States gut fiduciary duties as trustees gain power to eliminate protections through decanting and silent trust structures ...

On Friday, the Oklahoma Bar Association’s House of Delegates will consider a proposal to enact a new statute that would allow trust decanting in Oklahoma. The proposal was drafted by, and is being ...

As its name implies, an irrevocable trust cannot be revoked by the person who establishes the trust. Typically, an irrevocable trust also cannot be changed by a trustee or beneficiary. The irrevocable ...