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08.17.2016
The New Jersey Uniform Trust Code – Part 10A: Duties, Defenses and Liabilities of Trustees, Including Limitations of Actions for Trustee Liability
This section addresses the standards under the NJ UTC, New Jersey common law, and the Restatement of Trusts. Given the breadth of this area, the assessment will fall into four areas: (A) the basic duties of the trustee for which claims may arise; (B) defenses to those claims, including limitations of actions; (C) damages and […]
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08.15.2016
The New Jersey Uniform Trust Code – Part Nine: The Office of The Trustee, and The Duties and Powers of the Trustee
Article 6 of the NJ UTC (N.J.S.A. § 3B:31-46 through § 3B:31-53) provides default rules concerning the office of the trustee, many of which were already established in the existing statutes, court rules, and case law. The process of qualifying as trustee, including procedures to accept or decline the office of trustee, are set forth […]
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08.12.2016
The New Jersey Uniform Trust Code – Part Eight: Revocable Trusts
Revocable Trusts Article 5 of the NJ UTC contains miscellaneous provisions related to revocable trusts. Certain of these concepts (e.g., modification, termination) are covered in more detail in other areas of this article. As delineated above, for instance, this article describes the capacity of the settlor required with respect to revocable trusts and establishes that […]
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08.09.2016
The New Jersey Uniform Trust Code – Part Seven: Creditor’s Claims and Spendthrift and Discretionary Trusts
Creditor’s Claims and Spendthrift and Discretionary Trusts Article 4 of the NJ UTC deals with creditor’s claims and spendthrift and discretionary trusts. See N.J.S.A. §§ 3B:31-35 to -41. Spendthrift provisions To the extent a beneficiary’s interest is not protected by a spendthrift provision, N.J.S.A. § 3B:31-35 permits a creditor or assignee of a beneficiary to […]
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Daphne Goldman
Daphne focuses her practice in the areas of estate and trust administration and estate and tax planning. She represents and advises financial institutions, high-net-worth individuals, individual and corporate fiduciaries, and nonprofit and charitable entities. Daphne has a wealth of experience in counseling and representing financial institutions, both with regard to fiduciary risk management and with regard to the administration of individual fiduciary accounts within the context of corporate oversight.