Advice to Executors and Trustees

Is the Right to Privacy Lost on Incapacity?

Everyone has a fundamental right to privacy. However, once a person becomes incapable of managing their own finances or health care decisions, their lives are inevitably made public to the person(s) stepping in to fill the role of decision-maker. Even for those not appointed a substitute decision-maker, it is common for family members and other […]

What to do on the Death of a Business Owner

An executor faces unique challenges in administering an estate where the deceased owned a business before death.  The executor should keep the following steps should be kept in mind: • Find the will • Determine the estate assets and liabilities. Understand where the estate ends and the business begins • Determine the scope of the

Handwriting Experts and Trustee Indemnification

Fraud is not restricted to the living.  Occasionally, a fraudulent testamentary document makes an appearance and the question of validity becomes paramount.  In that context, the issue of whether to retain a “handwriting expert” is raised. Read the full paper here: Handwriting Experts and Trustee Indemnification by Justin de Vries

Trustee Indemnification – Recent Developments

It is a fundamental principle that every trustee has the right to be indemnified out of the trust property for all expenses properly incurred in the administration of the trust. The trust instrument itself does not have to guarantee that the trustee will be indemnified; the trustee’s right to be reimbursed for expenses is a

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