Publications

How New Trust Laws Are Leaving Wealthy Families Unprotected

How New Trust Laws Are Leaving Wealthy Families Unprotected

A new generation of trusts where beneficiaries may never learn of their interests, trustees face minimal liability for mismanagement, and family businesses can be gutted without legal recourse. These aren’t hypothetical risks—they’re features explicitly authorized by state law.

The erosion of fiduciary duties represents a critical moment for trust law and family wealth planning. Whether this moment leads to the collapse of trust as a meaningful legal instrument or to the evolution of more sophisticated, resilient governance structures will depend on the choices made by settlors, trustees, beneficiaries, and policymakers in the coming years.

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What Are Durable Powers of Attorney, Living Wills, Health Care Proxies, Declarations of Homesteads and Beneficiary Designation Forms?

What Are Durable Powers of Attorney, Living Wills, Health Care Proxies, Declarations of Homesteads and Beneficiary Designation Forms?

Documents used in estate planning are Durable Powers of Attorney, Healthcare Proxies, Declarations of Homestead and Beneficiary Designation Forms, are in many ways ancillary to the Will and the Trust. It is important to have all of these documents up to date and properly coordinated with your estate plan.

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