When I hear the term “dead hand,” I always think of the “jump scare” scene at the end of the movie Carrie, when Sue visits Carrie’s grave, and Carrie’s hand pops out. But that’s not what practitioners have in mind when they use the term in trust planning. Instead, it’s a strategy that allows the owner of an estate to control beneficiaries and property even after death. In their three-part series, Niké Anani, Todd A. Flubacher, Kristin Keffeler and Philip J. Hayes consider the downsides of dead-hand control in trust planning. In their prior articles, the authors addressed the challenges of trust planning and why so-called “silent trusts,” which limit the information the beneficiaries receive about the trust, can negatively impact benefici...
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