As we prepare to welcome the new year, it is an ideal opportunity to reflect on your estate planning practice. Take a moment to evaluate the successes and challenges of the past year and identify any goals you did not meet. Now is the time to set new goals for your practice and yourself. The close of the year often sparks anticipation for the possibilities ahead, including the chance to engage with new clients. Many individuals set a New Year’s resolution to initiate or revise their estate plans, and they are looking forward to connecting with an estate planning attorney. 

In the course of a trust administration, beneficiaries primarily want to know what will be distributed to them and when it will be distributed. Attorneys who represent trustees, however, must prevent trust distributions until the proper time—that is, until all liabilities have been paid or reasonably accounted for with a reserve. Otherwise, a trustee may face personal liability and need to seek indemnity from beneficiaries who may have already spent the funds distributed to them. In a postdeath administration, there may be trust and nontrust liabilities (or the decedent’s liabilities), including the decedent’s debts and various taxes. In addition, a trustee must pay the expenses of the administration or reserve funds for payment of those expenses. 

From the announcement of the 2023 limits on contributions to retirement accounts to a new proposed rule for classifying independent contractors, we have recently seen significant developments in estate planning and business law. To ensure that you stay abreast of these legal changes, we have highlighted some noteworthy developments and analyzed how they may impact your estate planning and business law practices.