Making Defendants Look Dumb?
Lawsuits against 401k plan sponsors are continuing at an “unprecedented pace,” with 2022 second only to the flood 2020 brought on. Attorneys point out that despite some modest signs of courtroom optimism for plan…
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Divvying Up The Estate?
What matters most: equal or fair? Ensuring that adult children all benefit from a share of our assets requires clear thinking—and courageous communication. While it is easy and typical to say each child gets…
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Precatory Language?
Wishing. Hoping. Wanting. These words convey suggestions, but not direct orders: they are precatory, and therefore not generally useful in official estate planning documents like wills or trusts, which demand absolute clarity. Nonetheless, attorneys…
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Staying Current: RMDs
Both the original SECURE Act, passed in 2019, and SECURE 2.0 enacted at the end of 2022, brought changes to the rules for required minimum distributions (RMDs). Experts caution retirement plan sponsors to pay…
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Second Chance: Why Not?
Automatically enrolling participants in employer sponsored retirement accounts has turned out to be a great step toward ensuring more workers save up. Experts remind plan sponsors to give those who opt out a second…
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Action Items: SECURE 2.0
It’s time to stop pondering the massive SECURE 2.0 legislation that passed at the turn of the new year and start acting on it, say experts. Given that compliance timelines are staggered over the…
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The Door’s Wide Open: ERISA Litigation
In follow-up to last year’s decision by the Supreme Court to remand the Hughes v Northwestern case, the 7th U.S. Circuit Court of Appeals has ruled that two of three claims against the plan…
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Probate: Final Distribution of Assets?
Probate is the public process of paying off debts and distributing assets, either in accordance with the terms of a will or, absent a will, the state laws of intestacy. Although probate tends to…
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Incentive Trusts: If You Do This…
When inspiring those we care about to achieve life goals is an important consideration during estate planning, establishing an incentive trust might be the way to go. Read on for an overview of incentive…
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