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Ian A. Marsh

Ian’s Recent activity

Trustees Everywhere Be Afraid
Apr 01, 2005
A New York judge's recent decision in Estate of Dumont1 should give trustees reason to pause and re-evaluate the investment policies and procedures of any trust for which they act, that is governed by or may come...
Cut Down in the Prime Of Her Estate Planning
Sep 01, 2004
What remedies are available when an unexpected death short-circuits an estate plan, leaving heirs to pay more taxes than they would have had their benefactor lived a little longer? In wrongful death cases, one state...
The Price of Attorney Delay
Aug 01, 2004
Consider this scenario: A client, decides to change his will by adding a new beneficiary; he asks his lawyer to draft a new document. The lawyer promises to do so, but delays. Then, before the lawyer draws up new...
Irrevocable Trusts Can (Sometimes) Be Revoked
May 01, 2004
If you want to create a trust that is truly irrevocable and unamendable, be careful which jurisdiction you select. In most, if the terms of an irrevocable and unamendable trust forbid a distribution to the settlor or...
Go Offshore to Avoid Trust Transparency?
Mar 01, 2004
As more states adopt the Uniform Trust Code,1 it is going to become increasingly difficult for trust settlors and trustees to maintain the levels of confidentiality that, until now, they've been able to take for...
First Know the Law of the Land
Jan 01, 2004
Understanding the trust laws of different jurisdictions can give counsel a critical advantage in litigation. Case in point: Securities and Exchange Commission v. Franco,1 in which none of the parties seem to have...
Trustees for the Wrong Reasons
May 01, 2003
How often do we hear these days: Well, you have to understand, we're not really in the trust business for the trustee fees or We are a bank. Trusteeship is just an adjunct to our core business or What new assets will...