Author: Anne W. Coventry

August 30, 2018

Changing Irrevocable Trusts

When is a door not a door? (Answer: When it is ajar.) When is an irrevocable trust not irrevocable? Answer: Pretty much all the time. That is, perhaps the irrevocable trust cannot be revoked per se but, with a little creative thinking and cooperation, it may be possible to modify, decant, or terminate an irrevocable trust. This is not the […]


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July 26, 2018

OPINION: Electronic Wills? Maybe, But Not Like This

B22-0169, the Electronic Signature Authorization Act of 2017, is pending before the DC Council, and it is dreadful.  The Uniform Law Commission (ULC), relevant sections of the DC Bar, and a number of DC Fellows of the American College of Trust and Estate Counsel (ACTEC) have submitted, formally or informally, written opposition to the bill.  […]

October 17, 2017

“To my descendants, per stirpes…” (or… How do we pass the Packers’ tickets to our grandkids?)

Years ago, I described to a close friend (let’s call her Cathy) the difference between a division among descendants per stirpes and a division among the same descendants per capita at each generation.  In the midst of my explanation, Cathy suddenly exclaimed, “Oh!  You mean like the Packers’ tickets?”  This was a Eureka! moment; yes, […]

May 27, 2016

When Your Child Turns 18

18 is a momentous birthday.  Your child can register to vote!  Your son (but not your daughter) must register for the Selective Service.  Depending on which jurisdiction you live in, your child may become entitled to unilateral control over that UGMA/UTMA custodial account that you funded years ago. You have spent years managing things for […]

May 16, 2016

Maryland enacts laws on Trusts and Digital Assets to take effect in October 2016

For a long time, the rule in Maryland has been that a divorce revokes the provisions of a will that benefit the former spouse, but we did not have the same rule for revocable trusts.  Beginning October 1, 2016, the same rule will apply to revocable trusts—divorce will revoke those provisions of the trust that […]

February 15, 2016

Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA): Online Tools

When it is enacted in state legislatures this year, RUFADAA will give effect to a user’s express instructions regarding whether or not a fiduciary should have access to the user’s digital assets.  Users can provide those instructions in their traditional estate planning documents, via some other record, or via use of an online tool.  An […]

February 12, 2016

Update on Fiduciary Access to Digital Assets

Your personal representative (the executor of your will) will need to read your emails.  This may not be something you’ve thought about before, but it’s true.  You get bank statements, bills, and even tax forms delivered to you only by email.  You have automatic, recurring payments set up from your checking account each month.  You […]

October 22, 2015

Premarital Agreements & Trusts

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This article was originally published in the American Bar Association’s Family Advocate, Vol. 38, No. 2, (Fall 2015) p. 10-13, and is reprinted here with permission. PDF available here. Adequate financial disclosure is essential to a valid and enforceable premarital agreement. When one party is the beneficiary of a third-party trust or the settlor of his or her own trust, […]

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