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Blog Posts in February, 2013

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  • Part II: Five by Five Clause
    Part II: Five by Five Clause

    To continue our previous blog on the Estate of Cairns, Grant served as sole trustee of the Trust until 2005, after which, the court appointed Glenn Cook to serve as co-trustee. Each year that Grant ...

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  • Five by Five Clause
    Five by Five Clause

    A 5 by 5 clause provides an income beneficiary the power to withdraw from the trust the greater of: 1) $5,000 or 2) 5% of the residual trust' s fair market value each year. This is a common clause ...

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  • Man Leaves Estate to Two Favorite Actors
    Man Leaves Estate to Two Favorite Actors

    Just like winning a lottery, two actors got lucky when a fan left them his estate worth over a million dollars when he died in July of last year. The fan was Ray Fulk, a 71 year old hermit who lived ...

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  • Part II: Temporary Conservator is Entitled to Reimbursement of Reasonable Expenses Regardless Of Whether Permanent Conservatorship is Established
    Part II: Temporary Conservator is Entitled to Reimbursement of Reasonable Expenses Regardless Of Whether Permanent Conservatorship is Established

    In continuation of our blog on the Conservatorship of Cornelius, Cornelius appealed the trial court's ruling awarding approximately $34,000 to McDonald from Cornelius estate . Cornelius claims Probate ...

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  • Temporary Conservator is Entitled to Reimbursement of Reasonable Expenses Regardless Of Whether Permanent Conservatorship is Established
    Temporary Conservator is Entitled to Reimbursement of Reasonable Expenses Regardless Of Whether Permanent Conservatorship is Established

    What happens when temporary conservatorship has been established over an unwilling conservatee? Is the temporary conservator entitled to reimbursement of expenses during the period of conservatorship ...

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  • Part II: Probate Court has Authority to Compel an Accounting and it is Not Appealable Unless...
    Part II: Probate Court has Authority to Compel an Accounting and it is Not Appealable Unless...

    Trustees and those entrusted to act as successor trustees should note that the probate court has the authority to compel a formal, verified accounting as a preliminary step in any court dispute which ...

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