When it comes to elder law and guardianships, the Sunshine State is more like the wild west.  Nursing homes and hospitals are a fertile hunting ground for unscrupulous attorneys who may convince residents to sign documents authorizing them to commence guardianship proceedings on their behalf. In many Florida counties, this may lead to a friendly

In the Matter of Reuben Hoppenstein, No. 2015-2918/A (N.Y. Sur. Mar. 31, 2017) the New York County Surrogate ruled as appropriate the distribution of a life insurance policy to a new trust which eliminated certain beneficiaries of the distributing trust. This distribution was made by a trustee vested with absolute discretionary power  by the terms

Michael Petro’s article in the Buffalo Law Journal  is an interesting  piece about  a relatively new provision of the law which permits us to end an “irrevocable” trust. It’s easy to decant a fine wine but not always so with an irrevocable trust.

Before the law was changed in 2011, ” irrevocable” meant just that.

Today’s Wall Street Journal contains a worthwhile but cautionary article about the pitfalls that can face even the most well-meaning executor. As you will see, a lot of the decisions an executor must make need to be made counterintuitively. The results of following a normal instinct may actually prove to be costly if not downright