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Sep 08, 2021

Does It Matter if a Trust Is Revocable or Irrevocable? Yes, It Matters a Lot!

A recent decision issued by the Supreme Court of Alabama highlights the importance, for both creators and beneficiaries of trusts, of understanding whether a trust is Revocable or Irrevocable, and the consequences that flow from that distinction.   

Revocable and Irrevocable Trusts

Any trust has three players: a Settlor, a Trustee, and a Beneficiary. » Read More

Aug 28, 2018

When Is a Joint Account Not Really a Joint Account? When It’s for “Convenience Only.”

Prior blog posts (here and here) have addressed the limits of a Will by identifying numerous assets that pass not by Will upon death, but by some other means.  For example, life insurance, retirement benefits, and annuities pass not according to the provisions of a Will, but based on the named beneficiaries in the applicable beneficiary designation.  » Read More

Jun 04, 2018

I was Excluded as a Beneficiary, but Don’t Think it was Intended; am I out of Luck? Maybe Not!

We all know what certain words mean, particularly in the context of family.  We know who our spouse is, who our children are, and who our grandchildren are.  But sometimes it’s not that simple, and it becomes necessary to go beyond written words to determine someone’s true intention. » Read More

May 01, 2017

The Trustee Of My Parent’s Trust Is Using The Trust Assets As A Personal Piggy Bank. What Can I Do?

A Fiduciary is a person placed in a position of trust, whether as an Executor, Agent under a Power of Attorney, Health Care Agent, or Trustee.  Any Fiduciary has a sacred legal duty to carry out the responsibilities bestowed by the governing document, whether it is a Will, Power of Attorney, Health Directive, or Trust Agreement.   » Read More