Our Blog - Surety Matters

As confidence in the possibility of a real retirement falls, and the number of us living longer lives rises, there’s a real possibility that more of us will need public help in our later years….
Read Moreabout Too Much and Too Little? Medicaid Trusts

Conservators can be appointed to make financial decisions and safeguard assets for adults experiencing capacity declines, including changes related to aging and dementia. Professional conservators are a possibility and can be a huge relief for…
Read Moreabout Conservatorship vs Overprotection?

New data exemplifies the blurry feelings and ideas workers have about retirement, with about one third indicating that they are unlikely to ever actually retire, while about half of those in their 60s plan to…
Read Moreabout Blurry on Retirement

New trends in claims against retirement plans (and their fiduciaries) include allegations of imprudence related to investment fund choices. Even as excessive fee litigation claims brought in 2022 continue to clog up courts, new angles…
Read Moreabout New Theories of Liability

Yes, the Department of Labor’s Employee Benefits Administration (EBSA) regularly pursues violations of ERISA, recovering funds for retirement plan participants. Civil corrections, litigation and even criminal indictments are all possibilities for plan fiduciaries under the…
Read Moreabout ERISA: Civil Violations? 

Despite hopes that a “heightened standard” for excessive fee claims would result in plan sponsors winning more motions for the dismissal of ERISA lawsuits, the fact is: plan sponsors are losing even more motions to…
Read Moreabout Weeding Out Claims?

Serving as an executor requires a commitment of time,  ideally, beginning when a will is made and the role accepted. Preparatory conversations about intentions and pragmatics, such as account information, will be a gift down…
Read Moreabout Help for Executors: Probate Lawyers

Generally, families want to respect the intentions of the deceased, though doing so can be easier said than done, as probate of Aretha Franklin’s estate illustrates. It has been over four years since her death,…
Read Moreabout Respecting the Intentions of The Deceased

When accepting the request of a loved one or friend to serve as a trustee, keep in mind that the role comes with official, fiduciary obligations. In other words, as a trustee you are legally…
Read Moreabout Checklist for Trustees