Note From the Editor December 2023Note From the Editor December 2023
Editor in Chief Susan R. Lipp weighs in on the contents of this month's issue.
When drafting trust documents, it’s important for practitioners to know where the trust is sitused and be familiar with that state’s trust laws. That’s become harder in recent years, as states have revised their trust codes to keep up with “progressive” trends. According to Jay W. Freiberg and Jeremy Bates in their article “Progressive or Regressive?” p. 44, these trends include minimizing trustee accountability and unbundling fiduciary powers and duties so that, for example, administrative duties are handled by a trustee in one state, while investment management obligations are handled by a trustee in a different state. Their article, part of our Estate Litigation Committee Report, goes on to explore what’s driving these changes and how...
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