When you create an irrevocable trust, usually, the terms are set in stone. But what happens when you need to make adjustments due to significant life, law or personal changes? For example, let’s say ...

Decanting is an invaluable tool for estate planners, as it can aid in modernizing a trust that no longer conforms to the intended wishes of the grantor, or contains stale trust provisions which would ...

You likely have created revocable or irrevocable trusts, or a few of both, in your estate plan. Ideally, these have been properly drafted with plenty of flexibility so that they can continue to meet ...

Irrevocable trusts are now subject to varying degrees of amendment by court approved modifications, trust protector actions, private settlement agreements, and, of course, decanting. Effective July 1, ...

Philip J. Michaels, a partner at Fulbright & Jaworski, and Michelle Schwartz, an associate with the firm, discuss "decanting" - a powerful tool that may be available to modify the terms of an ...

It used to be an irrevocable trust was really irrevocable. Now 25 states allow you to change the terms of an old trust by a newfangled process called decanting. It’s done without going to court, ...

Editor’s Note: This article is a preview of a longer, more in-depth article on this topic that will be published in our February issue. Trust decanting is gaining popularity as a flexible and ...

Massachusetts’ highest court recently held that the trustees of an irrevocable trust could decant the trust property to a new trust even though, at the time of the decanting, the beneficiary, who was ...

The last legislative session provided for changes in the Nevada trust laws and the governor signed the bill June 10. The main goal was to change the basic estate planning trust so the ultimate ...

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