As a fiduciary, a trustee must act in the best interest of the trust's beneficiaries. Trustees are prohibited from self-dealing. They cannot use the trust's assets for their own benefit as opposed to the beneficiaries' benefit. Self-dealing can be much harder to identify in practice and is often done accidently. There are some safe harbor rules that can you can follow to prevent yourself from getting sued.
Damage Caps and Limits on Personal Injury Compensation
If you have been injured due to another’s misconduct, you may be wondering: Are there any limitations on the amount of money I can receive in compensation? In some cases, there is no cap on the amount of compensation a person can receive. In others, there are limits on how much money can be awarded. This depends on the type of case, as well as the nature and severity of your injuries. It is important to be aware of damages caps that apply to your case so you can accurately manage and plan your finances.
How to File a Transfer-On-Death Deed in Ohio
If a living trust doesn't make sense for your situation, but you still want to avoid the probate process, a transfer-on-death (TOD) deed may be the solution. When you die, the TOD deed (also know as a beneficiary deed) works to automatically transfer the property to your named beneficiaries without having to go through probate. If you change your mind during your lifetime about whom you have named as beneficiaries in the TOD deed, you can amend or revoke it at any time.
What to Know about NFTs
The sale of multimillion-dollar NFTs over the last year has prompted growing interest in them—and plenty of questions. Namely, what exactly are NFTs, how are they used, and why would anyone be interested in them?
What happens if there is a dispute over a power of attorney?
Under Ohio law there is a process set forth to resolve any disputes between interested parties when there is a dispute in regard to how one’s end of life decisions shall be enforced.
What to Do When a Family Member Dies
If you've recently lost a family member or other loved one, you're probably feeling overwhelmed and confused about what to do next. While some things can be put off until later, other steps should be taken as soon as possible. Once you've begun the grieving process and taken care of any initial concerns, it is time to begin the estate administration or trust administration process. We will help guide you through the entire legal process so you an your family members can focus on healing.
How a Joint Pour-Over Trust Can Simplify Your Estate Planning
A joint pour-over trust holds you and your spouse’s joint property. You can create the joint trust together and name yourselves as the current trustees. When the first of you passes away, half of the joint trust’s accounts and property are distributed (pour over) to the deceased spouse’s separate trust, and the other half to the survivor’s separate trust.
Marital Deductions: Last-Minute Estate Tax Planning
Deferring, minimizing, or avoiding estate taxes altogether is often an important goal for married couples. However, uncertainty surrounding future estate tax laws can leave a couple feeling that they need a crystal ball to make the right decisions. Using either a marital disclaimer or the so-called 'Clayton election' as part of your estate plan can allow at least some hindsight and, consequently, peace of mind.
Heath Ledger: Hollywood's Dark Star
When Heath Ledger died tragically, at just 28 years old, leaving an estimated $20 Million fortune behind, and a will he had not updated, his family made a huge decision that would impact his daughter's life forever.
Using Real Estate Deeds in Estate Planning
When using trusts in estate planning, a key element includes transferring the trust maker's real estate into the trust by recording a deed with the local recording authority. This step is crucial for ensuring that the trustee has the authority to manage and ultimately sell or transfer the property should the trustmaker become incapacitated or die. Several types of deeds can be used such as a general warranty deed, a quitclaim deed, or a special warranty deed.