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Did You Not Notice? Protecting Lawyers and Trustees from Beneficiary Complaints

Nov 11, 2020
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HBZ Marketing
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Event Date:

Nov 11, 2020 12:00 PM

Speaker:

John Hartog & Ryan Szczepanik

Ryan Szczepanik presented at The Tax & Planning Forum. Topics discussed included:

  • Staying Out of Litigation by Complying with Trustee Duties
    • Wading into Litigation: The Notice of Hearing
    • Inadequate Disclosure in Notice
  • Potential Escape Valve – Guardian Ad Litem
    • Mental Capacity
    • Communication, Disclosure, and Information Exchange

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Hartog, Baer, Zabronsky (HBZ) congratulates Anna Judson, a first-year student at UC Berkeley School of Law, for being the firm’s 2022 Diversity Scholarship recipient.

What questions should an attorney ask before hiring someone to prepare a client’s fiduciary accounting? What are the indicia of a poorly prepared accounting? Are waivers of account ever a good idea? Should the trust document routinely waive accountings?  Ever? Is there anything a trustee’s attorney can do to shorten the statute of limitations on breaches of trust disclosed in an accounting?

The Federal Government assesses a tax on assets that are gratuitously transferred to another person. Assets transferred during the donor's lifetime are subject to gift tax.