ST. MARY’S COUNTY BAR ASSOCIATION Continuing Education Program February 22, 2019
ESTATE/TRUST PLANNING & LITIGATION TOPICS Franke, Sessions & Beckett LLC 151 West Street, Suite 301 Annapolis, Maryland 21401 (410) 263-4876
Topic: Recent Reported Decisions Revisiting Will Fundamentals
2017 Court of Appeals Case (Castruccio v. Estate of Peter A. Castruccio, 456 Md. 1 (2017). (the Castruccio Caveat Case)):
- Describe various will execution formalities and its significance. – Elements of the attestation clause – The burden shifting mechanism of the attestation clause – The meaning of witness “in the presence” of the testator/testatrix 2018 Court of Special Appeals Case: (Castruccio v. Estate of Peter A. Castruccio, Md. App. (2018). (the Castruccio Declaratory Judgment Case.))
- Describes the nature and extent of extrinsic evidence of surrounding circumstances permitted in the interpretation of wills.
- Interplay of such extrinsic evidence with the plain meaning rule.
Topic: A Survey of Elder Financial Abuse Private Causes of Action
- The expansive list of persons permitted to sue under the 2010 Power of Attorney Act. – The significance of the first Maryland reported case on standing under the Act. -The significance of the formalizing the fiduciary duty imposed on the agent – The significance of the provision of encouraging preservation of the existing estate plan.
- Contested Guardianship -Who can bring the action and what remedies
- Statutory protections and remedies under the Maryland Trust Act -How to intervene if a Trustee is abusing a disabled beneficiary’s rights
- Using the Maryland Declaratory Judgment Act – A cause of action similar to using the equity court jurisdiction under the Trust Act
Topic: The Impact of the Maryland Trust Act on Planning and Administration
- The broad definition of the “Terms of the Trust”; Compare extrinsic evidence of “Terms of Trust” with surrounding circumstances evidence used in will interpretation.
- Beneficiary rights in general, reports
- Notice requirements -How revocable trusts are treated when the settlor becomes incapacitated -Notice at death of existence of the trust -Creditors and Notice
Lunch provided