Trusts and Estates

Trusts & Estates

Digital Asset Planning for Minors

By Natalie Banta and Naomi R. Cahn

In 2018, Germany’s Federal Court of Justice considered whether the parents of a 15-year-old girl who had been killed by a train could access her Facebook account. Her parents wanted to determine whether their daughter’s death was accidental or suicidal for legal and personal reasons. Although Facebook opposed access, claiming it needed to protect the account, the court decided that the parents could inherit their daughter’s social media accounts just as they could inherit physical property.

Trusts & Estates

Practical Pointers from Practitioners: Recent Resident Trust Rulings: Can Your Clients’ Trusts Avoid State Income Tax?

Income tax planning has become more important than ever because of increased estate tax exemption amounts and generally higher state and federal income tax rates. One tax imposed by a number of states is on the income of trusts known as “resident trusts.” Generally, these long-arm statutes impose a tax on a trust’s income solely because of the state of residence of the grantor or a beneficiary of the trust, regardless of any other nexus of the trust to that state.

Trusts & Estates

Home Repair : A Handy Lawyer’s Guide to Fixing a Damaged QPRT

By Michael H. Barker, Adam M. Damerow, Caitlin N. Horne, and Lauren A. Jenkins

This article briefly outlines the nuts and bolts of qualified personal residence trust (QPRT) construction as well as the substantial estate planning benefits that can be reaped from a healthy QPRT.

Trusts & Estates

Technology—Probate: Moving Past the Roadblocks to Automation: Best Practices for Automating Your Estate Planning Practice

Technology—Probate provides information on current technology and microcomputer software of interest in the probate area. The editors of Probate & Property welcome information and suggestions from readers.