Posts tagged Estate Administration.
FINRA Adopts Rule 3241 to Address the Ability of Associated Persons to be Named as Beneficiaries of or Executors, Trustees or Attorneys-in-Fact for Customers

On October 29, 2020 FINRA issued Regulatory Notice 20-38 announcing that Rule 3241 has been adopted in order to limit the ability of licensed personnel of FINRA member firms to be named as a beneficiary, executor, trustee of or have power of attorney for or on behalf of a customer.  In pertinent part, Rule 3241 provides as follows:

  • Registered personnel shall decline being named as a beneficiary of a customer’s estate (or receiving a bequest from a customer’s estate upon learning he/she was named as a beneficiary) unless (1) the customer is a member of the registered person’s ...
FINRA Adopts Rule 3241 to Address the Ability of Associated Persons to be Named as Beneficiaries of or Executors, Trustees or Attorneys-in-Fact for Customers

On October 29, 2020 FINRA issued Regulatory Notice 20-38 announcing that Rule 3241 has been adopted in order to limit the ability of licensed personnel of FINRA member firms to be named as a beneficiary, executor, trustee of or have power of attorney for or on behalf of a customer.  In pertinent part, Rule 3241 provides as follows:

  • Registered personnel shall decline being named as a beneficiary of a customer’s estate (or receiving a bequest from a customer’s estate upon learning he/she was named as a beneficiary) unless (1) the customer is a member of the registered person’s ...
Beneficiary Designation Dispute Based on Recent Dementia Diagnosis Not Enough to Invalidate Beneficiary Designation for Lack of Capacity

A last will and testament is one way that a person can transfer assets upon death. That only applies to probate assets; that is, assets that are held in the name of the decedent only upon his or her death, or assets that are payable to his or her estate. It is becoming more common for people to own assets, such as life insurance, retirement accounts, and annuities, that can have beneficiary designations. You have probably heard about will contests and challenging wills. Did you know that you can also challenge beneficiary designations? And did you know that same reasons to set aside a ... Read More ›

You Can Count on Reminger During These Uncertain Times

It goes without saying that COVID-19 has substantially disrupted our way of life. The attorneys in Reminger’s probate and trust litigation group are no different than anyone else, in that regard, and we sincerely appreciate your patience during these trying times. We hope that you are staying safe and we look forward to assisting you in person once again. Read More ›

Estate Planning in Light of Coronavirus (COVID-19)

As we are all aware, these are challenging times. We are all focusing on our health, primarily, but also our financial stability.  Most of you are not thinking about your estate plan; however, during this time it is more important than ever to consider, at a minimum, healthcare directives and financial powers of attorney.  The Estate Planning Practice Group at Reminger is here and ready to assist you.

Healthcare powers of attorney allow you to name an agent to make healthcare decisions for you if you are not capable of making them for yourself.  The current healthcare power of attorney also permits you to nominate a guardian if one is ever needed and includes an authorization to release your protected health information to your designated agent.  If you become ill and require hospitalization, the hospital will ask if you have a healthcare power of attorney upon admission. Having this document in place ensures that your wishes will be followed in the event of a healthcare crisis.Read More ›

Ohio Probate Court Decision Demonstrates the Potential for Monetary Risk Associated with Role of Executor or Trustee

Happy days! You just learned that your favorite uncle appointed you trustee of his trust and nominated you as his executor of his will.  The honor (he trusted you enough to install this mantle upon you), the power (you get to make decisions that affect beneficiaries’ lives), the riches (you get an income taxable fiduciary fee)–not so fast!  While there is certain honor in taking on that role, the office’s mantle carries tremendous responsibilities and risk.  Read More ›

Trustees Beware: The Fiduciary Exception to the Attorney Client Privilege and the Duty of Impartiality

Adam Fried will be presenting "Trustees Beware: The Fiduciary Exception to the Attorney Client Privilege and the Duty of Impartiality," at the Jewish Federation Council of Cleveland Professional Advisory Council's 46th Charitable Tax Seminar, held on Wednesday, June 6, 2018.Read More ›

Timothy J. Gallagher Joins Reminger Co., LPA’s Cleveland Office

Reminger Co., LPA is pleased to announce that Timothy J. Gallagher has joined our Cleveland, Ohio office.

Tim focuses his practice on legal matters involving probate, guardianship, trust, and estate administration. Tim represents trustees and executors of estates, creating flexible plans to meet their needs. Tim's experience in the area of probate and trust administration includes the drafting of estate plans for both individuals and families, and assisting them through the probate process. He also advises institutions on a variety of trust administration issues.Read More ›

When Should I Get a Last Will and Testament?

Lexis Nexis claims that 55% of American adults do not have a last will and testament or some kind of an estate plan. This means that more than half of American estates have their personal assets pass via intestacy - without a will and pursuant to the statutory scheme of the state where they live.Read More ›

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