Litigation, Life Insurance, and Estate Planning
This article that was brought to my attention by the Wills, Trusts & and Estates Prof Blog
In the current economic climate, litigation over estate planning is increasing and will continue to increase. One area that is already seeing litigation relates to life insurance issues with estate planning. The recent case of In re Stewart Cochran Irrevocable Trust, 901 N.E.2d 1128 (Ind. Ct. App. 2009), illustrates this exact issue. Attorneys, clients, fiduciaries, and other advisors often mistakenly view life insurance as a stagnant asset that does not need to be managed, amended, or even overhauled. This error can be extremely costly. If the attorney learns to identify life insurance policies in jeopardy, he or she can improve an estate plan while assisting the trustees to fulfill their fiduciary duties. The attorney thereby mitigates possible fiduciary liability. For that reason, each attorney should understand the problems and solutions related to planning with life insurance.
That introduction echoes some of our thoughts on the importance of Life Insurance Policy Management and our Objectiview Process. Keep an eye out for more on this article once I receive the full text.
-Jamison Hibbard
