Stark & Stark Shareholder Rosemary D. Durkin, member of the firm’s Trust & Estates group, authored the article “Revising an Irrevocable Trust” published in The New Jersey Law Journal on July 29, 2013.  The article discusses a method called decanting, which is a popular method to revise an unrevisable, irrevocable trust. Ms. Durkin says “Until there is more guidance from the New Jersey legislature and the Internal Revenue Service, trustees and their counsel should fully consider the constraints of the trustee’s fiduciary duties and the potential tax consequences to a trust’s beneficiaries, prior to making a decision to use decanting to revise an irrevocable trust.”

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