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The Side Bar – Volume XVII, Issue 17

The Side Bar – Volume XVII, Issue 17

Englander Fischer Side Bar – May, 2015

 

From Lenny’s Corner

Each Memorial Day I can’t help but reflect on a personal experience born from the closing scenes of the movie “Saving Private Ryan”. In the first scene, Tom Hanks (as Capt. Miller) lays dying on a bridge and turns to Matt Damon (as Private Ryan) – for whom so many lives were lost in an effort to save his – and says: “… earn this … earn it.” And in the last scene, filmed in the American Cemetery in Normandy, 50 years later, is the following:

Old James Ryan: [addressing Capt. Miller’s grave] My family is with me today. They wanted to come with me. To be honest with you, I wasn’t sure how I’d feel coming back here. Every day I think about what you said to me that day on the bridge. I tried to live my life the best that I could. I hope that was enough. I hope that, at least in your eyes, I’ve earned what all of you have done for me.

Ryan’s Wife: James?…
[looking at headstone]

Ryan’s Wife: Captain John H Miller.

Old James Ryan: Tell me I have led a good life.

Ryan’s Wife: What?

Old James Ryan: Tell me I’m a good man.

Two years after seeing that movie, my daughter and I visited that same United States Cemetery in Normandy. Neither one of us will ever forget our quiet walk in June among the graves of over 9,387 soldiers. The emotion of that day, set against the affirmation Private Ryan sought from his wife, questioning whether he had lived a good life and whether he had earned the right to live on the shoulders of those who died, tugs at my heart often. It’s a question we should all ask ourselves every day, not only on Memorial Day. As I see it, Memorial Day is not only about the fallen, it’s because of them.


Can You Change an Irrevocable Trust?

By Sidney Werner

The term “irrevocable” sounds pretty permanent, so many people assume once they’ve finalized an irrevocable trust there is no turning back. If you’re having second thoughts about your irrevocable trust, know that under the right circumstances changes are possible.

 

How Can You Change an Irrevocable Trust?

Whether you established an irrevocable trust from the outset or established a revocable living trust that becomes irrevocable upon your death, modification is possible through court intervention. As long as modification of the trust is consistent with your purpose in creating the trust, the trustee or a qualified beneficiary of the trust may petition the court for judicial modification of the trust.

 

 What Changes Can the Court Order?

The court has authority to (i) change the terms of the trust, (ii) terminate the trust in whole or in part, (iii) permit the trustee to do acts that are not authorized or are prohibited under the trust instrument, or (iv) prohibit the trustee from doing acts that are permitted by the trust. Given the court’s broad power, any modifications consistent with the trust’s purpose are a possibility and that process begins with the petition of a trustee or a qualified beneficiary.

Should you have any questions related to Wills, Trusts, and Estates, please call Englander Fischer at (727) 898-7210 to see how one of our attorneys can assist you.

 


What’s New At Englander Fischer?

90th gala 

  Englander Fischer attended the Fischer-Carr Memorial Birthday Bash this past month to commemorate our late co-Founder, Jim Fischer. In addition to honoring the memory of these great men, the Fischer-Carr Memorial Birthday Bash serves to raise college scholarship funds for qualified low income students. The Fund is partnered up with St. Petersburg Mayor, Rick Kriseman, and the Pinellas Education Foundation.

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