Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


The Trustee's Handbook

The Trustee's Handbook

Author: Vicki Ammundsen

Publisher:

Published: 2020

Total Pages: 184

ISBN-13: 9781775473602

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"This fifth edition includes more than 150 downloadable precedent minutes and resolutions. The precedents reflect day-to-day decisions that trustees make and matters that trustees need to take into consideration. As well as references to contemporary case law, the book includes comprehensive and practical checklists (also downloadable) to guide trustees as they go about the everyday business of being a trustee. Topics covered include: the practical implications of the Trusts Act 2019, default and mandatory decisions, ascertaining beneficiary needs, AML/CFT, FATCA and CRS , source of wealth considerations, factors to consider when deciding whether to accept appointment as a trustee, whether or not to act personally or through a corporate trustee, important set-up procedures for administration, decision making, how to exercise powers of investment, how to ratify decisions gifting considerations, how to retire as a trustee and important considerations about mental capacity."--Publisher information.


Loring and Rounds: A Trustee's Handbook, 2021 Edition

Loring and Rounds: A Trustee's Handbook, 2021 Edition

Author: Rounds

Publisher: Wolters Kluwer

Published: 2020-12-11

Total Pages: 1884

ISBN-13: 1543818676

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Loring and Rounds: A Trustee's Handbook is an invaluable practical resource that addresses the rights, duties, and obligations of the parties once the trustee takes title to trust property. This Handbook steers you through this complex field, providing property owners with a mechanism for seeing to the needs of beneficiaries in cost-effective, creative, efficient, and flexible ways. Loring and Rounds: A Trustee's Handbook is a handy, ready reference, and a gateway to the treatises, restatements, law review articles, uniform statutes, and cases you need to know. This fully integrated and bound volume of the 2021 Handbook brings you up to date on the latest cases, statutes, and developments, as well as new or updated discussion of topics as follow: The Handbook continues the lengthy process of pruning some of the deadwood; significant exposition has been cut, revised, or combined. In sum, the Handbook is now even leaner, meaner, and more usable than ever. In addition, numerous new cases and secondary sources have been added. These include the following: The 2021 Handbook fully covers the fourth income and principal act issued by the Uniform Law Commission, namely the Uniform Fiduciary Income and Principal Act (2018), otherwise known as UFIPA. UFIPA has been covered extensively in this edition and has been added in many separate sections. A new section covers remedies at law for breaches of trust, such as the tort of intentional interference with inheritance or acquisition by inter vivos transfer. In addition, the Handbook has been updated with 200+ new cases, including: Roth v. Jelley, holding that, when it comes to a judicial proceeding that could adversely affect the equitable property rights of a trust beneficiary,the beneficiary is entitled under the Due Process Clause of the Fourteenth Amendment to notice and an opportunity to be heard. This case also discusses the various consequences attendant to the failure to provide such notice. Hector v. Bank of N.Y. Mellon, where the court, having in part looked to the Restatement (Third) for guidance, held that the designated passive corporate trustee of a securitized fund of mortgage-backed notes would not be personally at fault, and therefore, not personally liable for any injuries to the tenants of a certain parcel of real estate, title to which the trustee had acquired via foreclosure, that might be occasioned by their exposure to lead paint in and about the premises. Murphy v. Trustee of Star Financial Bank, a case discussing the unfortunate linkage of survivorship and per stirpes: "to their surviving children per stirpes." The court held that the way in which "surviving" and "per stirpes" were linked rendered the provision itself ambiguous in that the "condition of survival negates the right of representation inherent in a per stirpes distribution." 2020 Tax Rates for Trusts and 2021 Projected Tax Rate Schedule for Trusts Note: Online subscriptions are for three-month periods. Previous Edition: Loring and Rounds: A Trustee's Handbook, 2020 Edition, ISBN 9781543818666


Administering the California Special Needs Trust

Administering the California Special Needs Trust

Author: Kevin Urbatsch

Publisher: iUniverse

Published: 2011-12

Total Pages: 434

ISBN-13: 146206051X

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In Administering the California Special Needs Trust, author Kevin Urbatsch presents a guide for anyone assigned the duty of managing a Special Needs Trust for a person with a disability. Though geared toward those who never have administered a trust, it also provides sophisticated answers for experienced trustees concerning some of the unique responsibilities a trustee of a special needs trust will encounter. Urbatsch, a California attorney who has years of experience in assisting trustees to manage special needs trusts, has written extensively for both attorneys and families on how best to establish a special needs trust. Administering the Special Needs Trust addresses specific California issues that a special needs trust trustee encounters daily. In a question-and-answer format, it addresses how to - avoid the most common mistakes made by SNT trustees; - understand the type of public benefits available for California persons with disabilities; - learn how SNT disbursements will affect these public benefits; - best pay for a person with a disability's housing, caregiver costs, transportation, and related expenses; - handle SNT investments, accountings, and taxes; - terminate the SNT. With checklists, form documents, and law summaries included, Administering the Special Needs Trust contains a wide range of information for those charged with the responsibility of managing a special needs trust for people with disabilities.