Estate and Elder Law

Recent Posts

Williams Mullen: Case Holds That ERISA Claims Based On Initial Investment Decisions Are Time-Barred
Posted on 20 Oct 2011 by Williams Mullen

BY: MARK S. THOMAS & ROBERT W. SHAW In a suit brought under the Employee Retirement Income Security Act of 1974, as amended ("ERISA") against Bank of America and its Corporate Benefits Committee, the U.S. District Court for the Western... Read More

Ballard Spahr LLP: Supreme Court Denies Review of Second Circuit Cases Adopting Moench Presumption for Fiduciaries of ERISA-Governed Plans
Posted on 6 Nov 2012 by Ballard Spahr LLP

By Patricia A. Smith , Brian M. Pinheiro , and Erin K. Clarke The U.S. Supreme Court recently refused to grant certiorari for two 2011 Second Circuit stock drop decisions that had adopted the " Moench presumption" for determining whether... Read More

McNees Insights on Estate Planning: Who Gets Your IRA? – 6 Common Mistakes
Posted on 10 Apr 2014 by McNees Wallace & Nurick LLC

By David M. Watts, Jr. | Do you want your heirs to have to chase after your 401K or IRA money? Many of us have a significant portion of our assets held in retirement plans, such as 401Ks and IRAs, and your Will does not control who gets your 401K or... Read More

Troutman Sanders LLP: The Next Frontier in Fiduciary Oversight Litigation?
Posted on 10 May 2012 by Troutman Sanders

By Jonathan A. Kenter and Gail H. Cutler In the latest of a series of high-profile class action suits against large 401(k) plans, ABB, Inc., a North Carolina power generation products manufacturer, and its 401(k) plan committees, were held jointly and... Read More

Ballard Spahr LLP: IRS Grants Retirement Plan Distribution Relief to Hurricane Sandy Victims
Posted on 29 Nov 2012 by Ballard Spahr LLP

By Brian M. Pinheiro In the wake of Hurricane Sandy, the IRS has issued guidance that permits individuals affected by the storm and its aftermath to access the assets in their retirement plans and individual retirement accounts. To be eligible for... Read More

Uniformity argument fails despite income tax on employee 401(k) contributions but not on employer 401(k) contributions (Pa. Commw. Ct. Dec. 16, 2010)
Posted on 5 Jan 2011 by LexisNexis Estate and Elder Law Community Staff

In Boguslavsky v. N. Pocono Sch. Dist. , 2010 Pa. Commw. LEXIS 677 (Pa. Commw. Ct. Dec. 16, 2010) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], a taxpayer's complaint against a... Read More

Year-End Tax Planning Tips
Posted on 14 Dec 2011 by Sandra L. Smith

With the holidays upon us, it's time to do some planning that can help reduce your tax bill this year. Contributing to your retirement plan is a fast and easy way to cut your taxes, while building your nest egg. The federal limit for 401(k) contributions... Read More

Ballard Spahr LLP: CFPB Confirms Mortgage Loan Originators May Participate in Qualified 401(k) Plans
Posted on 4 Apr 2012 by Ballard Spahr LLP

The Consumer Financial Protection Bureau has confirmed that Regulation Z (which implements the Truth in Lending Act) does not prohibit mortgage loan originators from participating in qualified profit-sharing 401(k) or employee stock ownership plans (Qualified... Read More

Troutman Sanders LLP: Interest Rate for 401(k) Plan Participant Loans May Need to Be Prime Plus 2%
Posted on 26 Sep 2011 by Troutman Sanders

By Jonathan A. Kenter , Evelyn Small Traub , Jeffery R. Banish , Lynda M. Crouse , Tina A. DeNapoli , Jeanne E. Floyd , Stephen G. Gorell , Kristina Rae Jones , Edith "Edie" Margaret Lindsay , Roger S. Reigner Jr. , Mamta K. Shah and Wallace... Read More

What the Fiscal Cliff Deal Means for Retirement Accounts
Posted on 23 Jan 2013 by Gregory Herman-Giddens

The fiscal cliff deal has not only affected income and estate taxes, but it has also changed how retirement rollovers are handled. Roth Rollovers The new provision gives freedom to retirement account holders. Anyone with a 401(k) , 403(b), or a... Read More

Year-End Tax Planning Tips
Posted on 14 Dec 2011 by Sandra L. Smith

With the holidays upon us, it's time to do some planning that can help reduce your tax bill this year. Contributing to your retirement plan is a fast and easy way to cut your taxes, while building your nest egg. The federal limit for 401(k) contributions... Read More

Williams Mullen: Case Holds That ERISA Claims Based On Initial Investment Decisions Are Time-Barred
Posted on 20 Oct 2011 by Williams Mullen

BY: MARK S. THOMAS & ROBERT W. SHAW In a suit brought under the Employee Retirement Income Security Act of 1974, as amended ("ERISA") against Bank of America and its Corporate Benefits Committee, the U.S. District Court for the... Read More

Troutman Sanders LLP: The Next Frontier in Fiduciary Oversight Litigation?
Posted on 10 May 2012 by Troutman Sanders

By Jonathan A. Kenter and Gail H. Cutler In the latest of a series of high-profile class action suits against large 401(k) plans, ABB, Inc., a North Carolina power generation products manufacturer, and its 401(k) plan committees, were held jointly... Read More

Ballard Spahr LLP: CFPB Confirms Mortgage Loan Originators May Participate in Qualified 401(k) Plans
Posted on 4 Apr 2012 by Ballard Spahr LLP

The Consumer Financial Protection Bureau has confirmed that Regulation Z (which implements the Truth in Lending Act) does not prohibit mortgage loan originators from participating in qualified profit-sharing 401(k) or employee stock ownership plans (Qualified... Read More

Troutman Sanders LLP: Interest Rate for 401(k) Plan Participant Loans May Need to Be Prime Plus 2%
Posted on 26 Sep 2011 by Troutman Sanders

By Jonathan A. Kenter , Evelyn Small Traub , Jeffery R. Banish , Lynda M. Crouse , Tina A. DeNapoli , Jeanne E. Floyd , Stephen G. Gorell , Kristina Rae Jones , Edith "Edie" Margaret Lindsay , Roger S. Reigner Jr. , Mamta K. Shah and Wallace... Read More