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Protectors of Trusts is a first port of call for anyone who needs to know about protectors, whether from a contentious or a non-contentious perspective. It provides analysis of case law and statutory provisions across a number of jurisdictions and detailed practical guidance on the use of protectors, their powers, duties, rights, and liabilities.
An insightful and practical guide to family trusts Family Trusts is a step-by-step guide for anyone involved in family trusts: trust creators, trustees, beneficiaries, and advisors. It will help families create and administer a culture that recognizes trusts as a gift of love. Marrying the practical and emotional aspects of family wealth, this book provides a hands-on primer that focuses on fostering positive relationships, and structuring the trust appropriately for the situation and the people involved. It tackles difficult topics with frank and honest discussion, from the first beneficiary meeting to working with addictions, and more. Written by a team of experts in family wealth, this information is becoming increasingly crucial to the successful execution of a trust; you'll learn what type of person makes the best trustee, how to be an excellent beneficiary, and the technical aspects that help you build a better trust from the very beginning. There's been a staggering increase in trustee/beneficiary litigation and hostility, but that doesn't mean it's inevitable. Plenty of trusts are running smoothly, with positive experiences on all sides. This book shows you how to set up your trust to succeed from the start, with step-by-step guidance and expert insight. Express clear and thoughtful intent for the trust Create a healthy and supportive culture Select the right trustee, trust protector, and trust advisor Take the time to prepare before initially meeting the beneficiary Conduct a productive first meeting to set a tone for the relationship Historically, there has been little consideration given to the culture of trusts, and this oversight may be a key driver of the behavior that's becoming more prevalent. Family Trusts explores the nature of these relationships, and shows you how to build a trust that retains the nature and spirit with which it was intended.
"This book offers background and overview on Domestic Asset Protection Trusts by state"--
Written in clear, conversational English, this book can help anyone understand how a living trust avoids the complications, expenses, and delays of probate at times of incapacity and death.
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The Protection Book describes steps to: *Create a Superior "Private Will" that supersedes typical Wills. *Get Discretionary Benefits and Spendthrift Protection *Protect yourself from the legal and financial ravages of Disability *Provide for Personal Care, Children and Guardianship *Manage & protect assets regarding disability *Keep finances and beneficiaries private. Eliminate publicity *Eliminate probate, attorneys fees, disputes, & court costs *Minimize lawsuit concerns and insurance claims *Eliminate the need for a court appointed Guardianship *Minimize Family Conflicts and disputes with friends *Minimize Support expense & Medical expense *Minimize Education Expense *Manage, defer, reduce, transfer, or eliminate Taxes *Distinguish the hype from Professional Trust Experts *Understand documents Sample documents are provided; all of the legal forms, finance checklists, including many typical examples.
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.
We live in an era in which privacy and data protection are daily news items. This tendency demonstrates that privacy and data protection are taken seriously in wide circles of society. Most of the time, however, issues relating to privacy and data protection are not newsworthy because these rights have been so well protected. The scandals are the items that make the news - the latest example being the US National Security Agency (NSA) affair, which has dominated the news for months. These news stories create a feeling of discomfort and lead to the diminishing of trust: diminishing trust of citizens in the companies they deal with, in their governments, in supranational entities such as the European Union, in the law, as well as diminishing trust between countries. In relation to privacy and data protection, this volume defines the restoration of this trust as the most pressing challenge. It reflects on the state of play in the area of privacy and personal data protection in Europe and the US at the start of 2014. The book discusses the issues from different perspectives, such as constitutional values and the role of the judiciary, the role of the legislator and independent control, and transatlantic relations. The book's contributions come from a large number of outstanding academic scholars, legal practitioners, regulators, and politicians from Europe and the US. All contributions are written in honor of Peter Hustinx, the first European Data Protection Supervisor, who stepped down at the beginning of 2014, after 10 successful years in office and after a long and impressive career in the area of privacy and data protection. The festschrift is recommended for everyone interested in privacy and data protection, and, more generally, in the complex relations between law and the information society.
The settlor : reserved powers and private trust companies -- Beneficial interests : protection, forfeiture, and trust termination -- Disclosure of information to the eneficiaries and letters of wishes -- Trustees' dispositive powers and discretionary trusts -- The rule in Hastings-Bass, mistake, and rectification -- Trustee exemption clauses -- Trustee liability to third parties -- Trustees' remuneration, expenses, and indemnity -- Directed trusts and delegated trusts -- Protectors -- Firewall legislation -- Asset protection trusts -- Non-charitable purpose trusts -- Trusts without equity -- Quistclose trusts