Should retirement accounts be titled into a trust?

Ross Keilen Estate and Trust Litigation

Short Answer: Generally, no. One of the main advantages to executing a living trust is that it allows assets to be titled in the trust, avoiding the time and expense of probate. Probate is the process of administering an estate through the court system, which can expend significant time and resources. However, certain assets avoid probate without being titled into …

Is it possible to contest a Will or a Trust?

Adam Keilen Estate and Trust Litigation

Why would I contest a Will or a Trust? If your loved one’s Will or Trust is not what he or she really intended, there are corrective actions you can take so that your loved one’s wishes are properly carried out. Who can contest a Will or a Trust? A beneficiary of a Trust, a devisee of a Will, or …

Groundbreaking Case in Estate Litigation

Adam Keilen Estate and Trust Litigation

Rachal v. Reitz; Mandatory Arbitration Agreements. Historically, according to most states, a mandatory arbitration agreement in a trust or a will is unenforceable. Yet, arbitration can be a great way for families to resolve disputes headed for drawn out estate litigation. Very few states have specific statutes that enforce such clauses; notably, Florida is one of them. Generally, courts find …

Asset Protection/Creditors’ Rights/Confronting Transfers with Intent to Defraud

Adam Keilen Estate and Trust Litigation

Under the Uniform Fraudulent Transfer Act, Act 434 of 1998, a transfer is fraudulent, regardless of whether the claim arose before or after the transfer was made, if the transfer was executed with intent to hinder, delay, or defraud any creditor or if the transfer was executed without receiving a reasonably equivalent value. MCL § 566.34(1)(a)-(b). Therefore, the question is …

Estate Litigation

Adam Keilen Estate and Trust Litigation

An in terrorem clause in a will threatens that if anyone challenges the legality of the will, then that person will be cut off or merely given a dollar, instead of getting the full gift provided by the will. Recently, in In re Osborne Perry Trust, 2013 Mich. App. Lexis 321, the Michigan Appellate Court held that a beneficiary seeking …