Written by Michael T. Clear, JD, and Erin D. Nicholls, JD

Trustees occupy a pivotal role at the intersection of tax planning, wealth management, and family governance. Entrusted with the power to make distributions, oversee investments, and shape decisions that influence generations, trustees wield considerable influence. With such authority, however, comes the potential for problems: When a trustee becomes ineffective, conflicted, or unresponsive, the orderly administration of the trust suffers, and the potential for a dispute rises—sometimes resulting in protracted, costly litigation. 

In the past month, we have seen significant developments in estate planning, business law, elder law, and special needs law. We have highlighted the most noteworthy developments to ensure you and your firm stay informed of any changes. From court decisions rejecting a settlement proposal in a trust dispute, denying Medicaid benefits because the applicant did not apply for retirement benefits, and considering the enforceability of noncompetition covenants, read on to learn how these developments may impact your practice.

Written by Kevin Urbatsch, JD, and Evelyn Wynn, JD

Divorce is always complex, but when it involves a spouse or child with disabilities who receives means-tested public benefits, the stakes become even higher. Property settlements, spousal support, and child support can inadvertently disqualify beneficiaries from critical programs such as Supplemental Security Income (SSI) and Medicaid.