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Wills, Trusts & Estates Prof…

Wills, Trusts & Estates Prof Blog

By Gerry W. Beyer.

http://lawprofessors.typepad.com/trusts_estates_prof/
  • Feb 1

    Tom Benson's Heirs Make Plea for Psychiatric Evaluation

    Tom Benson's Heirs Make Plea for Psychiatric Evaluation
    The three relatives that Tom Benson originally had to inherit his sports teams are now reiterating in court documents that it is “clearly” necessary for the 87-year-old billionaire to be examined by a geriatric psychiatrist. Tom…
  • Feb 1

    How Trust Creation Barred a Fraudulent Transfer Claim

    How Trust Creation Barred a Fraudulent Transfer Claim
    A recent decision involving a lending bank and a defaulting borrower shows the importance of lenders taking prompt action when signs of the borrower transferring assets and possible fraudelent transfers arise. TrustCo Bank loaned StoreSmart…
  • Feb 1

    Save the Date: 2015 Spring Symposia CLE Meeting

    Save the Date: 2015 Spring Symposia CLE Meeting
    Registration will open soon for the Estate Planning and Real Property Spring Symposia, which will be held Thursday, April 30 - Friday, May 1, 2015, in Washington, DC. Here is why you should attend: This year we are teaming up...
Rank this Week: 55

NJ Family Issues

NJ Family Issues

Focuses on New Jersey divorce and estate planning. By Paul G. Kostro.

http://www.kostrolaw.com/NJFamilyIssues
  • Jan 8

    The power of remittitur

    The power of remittitur
    Law Lessons from Mickens v. Misdom and City of Elizabeth, __ N.J. Super. __ (App. Div. 2015), Docket No. A-0326-13T3, January 7, 2015: The legal principles outlined in He v. Miller, 207 N.J. 230 (2011), are: The power of remittitur is not to…
  • Jan 7

    The New Jersey Tort Claims Act

    The New Jersey Tort Claims Act
    Law Lessons from Wilson v. Podeia, App. Div., January 6, 2015: The Supreme Court has consistently construed the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, to favor immunity for public entities as the rule and the imposition of…
  • Jan 6

    Law on relocation

    Law on relocation
    Law Lessons from Hammond v. Hammond, App. Div., No. A-4791-12T3, January 2, 2015: Our law on relocation is well established. When children are natives of New Jersey, judicial approval is required to authorize their relocation to another…
Rank this Week: 106

Florida Probate Litigation

Florida Probate Litigation

Covers corporate trustees, compensation disputes, contested guardianship proceedings, creditors' claims, homestead litigation, will construction litigation, and trust and estates litigation. By Juan C. Antunez.

http://www.flprobatelitigation.com/
Rank this Week: 181

Toronto Estate Law Blog

Toronto Estate Law Blog

Covers estate litigation, ethics, executors & trustees, succession planning and wills. Includes podcasts on estate and succession planning. By Hull & Hull.

http://estatelaw.hullandhull.com/
  • Jan 30

    Back From the Dead

    Back From the Dead
    Earlier this month, a cat living in Tampa, Florida was hit by a car.  Unfortunately, collisions between pets and motor vehicles are not in themselves uncommon.  What is unique about this particular case is that Bart the cat, who was…
  • Jan 29

    An Estate Going to the Dog

    An Estate Going to the Dog
    Two charities are proceeding to an Irish High Court for the adjudication of a dispute over the charitable bequest made pursuant to a Last Will and Testament. The Will in question, executed by Elizabeth Burke of Limerick, Ireland, provided…
  • Jan 28

    The Golden Age of Retirement

    The Golden Age of Retirement
    By the year 2050, an estimated one third of Canadians will be 60 years of age or older. We were raised thinking of the default retirement age as 65. Regardless of what age they retire at, Canadians have more active lives in retirement than…
Rank this Week: 227

The Ohio Trust & Estate Blog

The Ohio Trust & Estate Blog

Covers estate tax, marriage, medicaid and probate. By Michael D. Bonasera.

http://www.bonasera.org
  • Dec 18

    TOMMY!

    TOMMY!
    So I’ve not posted for a while.  In fact, you’ll note that I mention in the below post that my son was about a month from arriving…  Well, arrive he did.  On 6/18/2012 Tommy arrived and, smiling almost ever…
  • May 8

    Sad Update

    Sad Update
    Its been a while since I’ve written anything here and, though I fully intend to get back to it in the coming months, a couple sad events required mentioning: MCA died last Friday.  The number of tributes available on the web make this…
  • Aug 16

    So Many Great Blogs, So Little Time

    So Many Great Blogs, So Little Time
    My Google Reader account is getting pretty full-up.  There’s so many great resources out there for estate planning that it’s getting hard to keep up!  It’s a nice problem to have I guess…
Rank this Week: 246

New York Probate & Estate…

New York Probate & Estate Litigation Blog

Covers probate news, procedures and resources. By Philip M. Bernstein.

http://www.nyprobatelitigation.com/
  • Nov 3

    Make Sure Your Vital Information Doesn’t Die When You Do

    Make Sure Your Vital Information Doesn’t Die When You Do
    Twenty years ago, we always told our clients to make an inventory of their important information, give a copy to a child or trusted family member and leave a copy in a secure place for safekeeping. It’s amazing how much has changed in…
  • Sep 15

    Not Everybody Needs A Trust

    Not Everybody Needs A Trust
    Every Spring, when the snowbirds have returned to New York, your lawblogger gets a rash of inquiries about trusts. Some folks are absolutely insistent but don't really have a good explanation for this. I usually ask at this point which…
  • Sep 15

    Not Everybody Needs A Trust

    Not Everybody Needs A Trust
    Every Spring, when the snowbirds have returned to New York, your lawblogger gets a rash of inquiries about trusts. Some folks are absolutely insistent but don’t really have a good explanation for this. I usually ask at this point which…
Rank this Week: 273

Julie's Wills & Estate Planning…

Julie's Wills & Estate Planning Blog

Covers estate planning and probate. By Julie Garber.

http://wills.about.com/
  • May 31

    Julie's Wills & Estate Planning Blog Becomes Common Sense Estate Planning Blog

    Julie's Wills & Estate Planning Blog Becomes Common Sense Estate Planning Blog
    Listen up Wills & Estate Planning Blog readers - my blog has moved to a new location with a new name: Common Sense Estate Planning Blog. My About.com blogs aren't going away, they're just being transitioned into articles that will still…
  • May 27

    Why Does it Take So Long to Receive Your Inheritance?

    Why Does it Take So Long to Receive Your Inheritance?
    For certain beneficiaries of an estate or trust (you know who you are), the first question they want answered is when they can expect to receive their inheritance - cash is preferred, but a check will do just fine, thank you. What these…
  • May 21

    Does Your Child Need a Discretionary Lifetime Trust?

    Does Your Child Need a Discretionary Lifetime Trust?
    One of my roles as a former estate planning attorney and current trust officer for a private bank is to insure that my clients' estate plans meet their ever-changing estate planning goals. One question that private bank clients bring up on a…
Rank this Week: 297

Elder Law Office of David Wingate,…

Elder Law Office of David Wingate, LLC

Covers elder law, assisted living facilities, estate planning, and nursing homes.

http://blog.davidwingate.com/
  • Mar 8

    Heckerling Institute on Estate Planning - 2015 What Will Happen? (Contd)

    Heckerling Institute on Estate Planning - 2015 What Will Happen? (Contd)
    Related proposals pertaining to qualified plans and individual retirement accounts. In addition, the Green Book includes the following proposals that pertain to qualified plans and IRAs: A limit on the total accrual of retirement benefits by…
  • Mar 7

    Heckerling Institute on Estate Planning - 2015 What Will Happen? (Contd)

    Heckerling Institute on Estate Planning - 2015 What Will Happen? (Contd)
    Sales, exchanges and “comparable transactions” with grantor trusts. The Obama Administration would attempt to address the disconnect between the income tax rules and the estate tax rules that apply to intentionally defective grantor…
  • Mar 7

    Social Security Ups Disability Safeguard

    Social Security Ups Disability Safeguard
    The Social Security Administration is expanding a program nationally to help bar criminals from controlling benefits on behalf of individuals with disabilities and the elderly. The program originally launched as a pilot in the…
Rank this Week: 368

Rule of Law

Rule of Law

Covers British Columbia wills, trusts and estates law, elder law and estate litigation. By Stan Rule.

http://rulelaw.blogspot.com/
  • Jan 25

    Changes to Taxation of Alter Ego and Joint Partner Trust

    Changes to Taxation of Alter Ego and Joint Partner Trust
    There are a number of significant changes to Canadian tax law that will have a significant impact on estate planning. I have written about the elimination of graduation income rates for testamentary trusts, including a post here. That change,…
  • Jan 17

    It’s Time for the Court of Appeal to Revisit its Formulation of "Rational and Valid Reasons" in Wills Variation Case

    It’s Time for the Court of Appeal to Revisit its Formulation of "Rational and Valid Reasons" in Wills Variation Case
    The Wills, Estates and Succession Act allows a will maker’s spouse or child to apply to court to vary a will if adequate provision has not been made for the spouse or child, in which case if the court finds that adequate provision has…
  • Jan 10

    Zeligs v. Jane

    Zeligs v. Jane
    Contests between siblings following the death of a parent over houses and bank accounts that were held jointly between the parent and one of the parent’s children are all too common. What happens is that a parent who was the sole owner…
Rank this Week: 422

Iowa Law Blog

Iowa Law Blog

Covers business, employment, trust & estates family, real estate, regulatory compliance and utility law. By Sullivan & Ward, PC.

http://www.iowa-lawblog.com/
  • Jan 19

    Tax Deductions for Legal Fees in a Divorce

    Tax Deductions for Legal Fees in a Divorce
    In general, the Internal Revenue Code allows for a deduction of reasonable and necessary expenses incurred in the production of taxable income.  This may entitle you to a deduction of some of the legal fees paid in pursuit of…
  • Dec 29

    Non-Competes and Office Romance

    Non-Competes and Office Romance
    Over the holiday, the Court of Appeals issued a couple of employment-related decisions regarding situations that often come up. Non-Compete Agreements/Competition with Former Employer In Curry’s Transportation Services, Inc. v. Dotson…
  • Oct 17

    An Employer's Responsibility when Domestic Violence Invades the Workplace

    An Employer's Responsibility when Domestic Violence Invades the Workplace
     In the wake of domestic violence charges against NFL players and the public’s outrage at the NFL’s response as a business owner you may be thinking how you might respond when faced with an employee charged with domestic…
Rank this Week: 530

Florida Estate Planning Lawyer…

Florida Estate Planning Lawyer Blog

Covers estate planning, probate, taxes, elder law, business law and employment law issues. By Law Office of David M. Goldman PLLC.

http://www.floridaestateplanninglawyerblog.com/
  • Nov 10

    Estate Planning for Out-of-State Property

    Estate Planning for Out-of-State Property
    If you live in Florida and own property in another state an ancillary administration will be necessary upon the death of the owner(s) of that property. This special probate administration will be in addition to the administration you have…
  • Oct 29

    Revocable Trusts and Asset Protection

    Revocable Trusts and Asset Protection
    Many times we get questions from clients asking if their revocable trust provides asset protection from creditors. The answer to this is the typical legal answer "It Depends". That is it depends on who owes the money. In Florida a…
  • Oct 28

    Florida Probate Intake form

    Florida Probate Intake form
    Many of our clients have asked us to put our Florida Probate Intake form online so that they can easily download it. You can download the Florida Probate Intake form with the following link: Probate Intake Form.pdf
Rank this Week: 537

New York Personal Injury Lawyer…

New York Personal Injury Lawyer Blog

Covers personal injury law. By the Law Offices of Stephen Bilkis & Associates.

http://www.newyorkinjurylawyer247blog.com/
  • Jan 30

    CPLR §§ 321 land 3212 and Article 51

    CPLR §§ 321 land 3212 and Article 51
    Conversely, even where there is ample proof of a plaintiff's injury, certain factors may nonetheless override a plaintiff's objective medical proof of limitations and permit dismissal of a plaintiff's complaint. Specifically, additional…
  • Jan 27

    CPLR §§ 321 land 3212 and Article 51

    CPLR §§ 321 land 3212 and Article 51
    A New York Personal Injury Lawyer said that, defendants move, pursuant to CPLR §§ 321 land 3212 and Article 51 of the Insurance Law of the State of New York, for an order granting summary judgment to defendants on the ground that…
  • Jan 25

    Officer DS's memo book were marked for identification

    Officer DS's memo book were marked for identification
    The fact that a common carrier is operated by a governmental entity does not mean it has a lesser responsibility toward the public than one which is under private ownership. In that connection, there is simply no legal basis for imposing the…
Rank this Week: 590

The Probate Lawyer Family Feud…

The Probate Lawyer Family Feud Blog

Covers celebrity and true case stories on probate litigation. By Andrew Mayoras.

http://www.probatelawyerblog.com/
  • Jan 16

    The Tragic Life and Death of The Daughter of Zsa Zsa Gabor and Conrad Hilton, Francesca Hilton

    The Tragic Life and Death of The Daughter of Zsa Zsa Gabor and Conrad Hilton, Francesca Hilton
    Everyone loves a good rags-to-riches tale. But Francesca Gabor Hilton’s life followed a dramatically different path. Born to Hollywood star Zsa Zsa Gabor, and founder of the famed Hilton hotel dynasty, Conrad Hilton, Francesca was…
  • Dec 17

    Joan Rivers' Estate Planning Was No Laughing Matter

    Joan Rivers' Estate Planning Was No Laughing Matter
    Joan Rivers was widely respected for her sense of humor, work ethic, and willingness to say almost anything for a laugh. When it came to planning her estate, however, the late comedienne and host of Fashion Police treated the matter very…
  • Dec 10

    Top 10 Celebrity Stories To Spark Holiday Estate Planning Conversation

    Top 10 Celebrity Stories To Spark Holiday Estate Planning Conversation
    Sure the holidays are a fun time for families to sit around talking about what happened on the latest episode of The Walking Dead or how granddaughter Mary is doing in dance class. But they are also a great time to have the important -- yet…
Rank this Week: 575

Givner & Kaye Blog

Givner & Kaye Blog

Covers estate and tax planning.

http://www.givnerkaye.com/blog/
  • Jan 29

    Selling Your Business? Avoid State & Federal Taxe

    Selling Your Business? Avoid State & Federal Taxe
    This post was taken from our December 2014 newsletter. Click here to subscribe to our monthly newsletter. Are you planning on selling your business in several years?  Wouldn't it be nice to not pay the state and federal taxes on the…
  • Jan 27

    Transitioning from LLCs to Limited Partnership

    Transitioning from LLCs to Limited Partnership
    The following post was taken from our January newsletter. Click here to subscribe to our newsletter. We have previously written to you about the problem that limited liability companies have with creditor protection after the January 1, 2014,…
  • Jan 22

    How to Make Your Irrevocable Trust Flexible

    How to Make Your Irrevocable Trust Flexible
    The following post was taken from our January newsletter. Click here to subscribe to our newsletter. Irrevocable trusts are sometimes intimidating.  Why would I want to set up a trust that I can't revoke?  Even though you cannot…
Rank this Week: 690

San Diego Estate Planning Lawyer…

San Diego Estate Planning Lawyer Blog

Covers estate planning topics such as conservatorship, guardianship, health care and advanced directive, living trusts, and probate. By Law Office of Scott D. Soady, A Professional Corporation

http://www.sandiegoestateplanninglawyerblog.com/
  • Jan 31

    How a Conservatorship Can Protect You (and Your Assets)

    How a Conservatorship Can Protect You (and Your Assets)
    During your lifetime, it may be necessary for a court to appoint a conservator to oversee your affairs when you are no longer able to do so. A conservatorship can apply to both a person—i.e., someone to make healthcare decisions for…
  • Jan 30

    California Appeals Court Expands Protections Against Elder Financial Abuse

    California Appeals Court Expands Protections Against Elder Financial Abuse
    On September 3, a California appeals court issued a landmark decision on the subject of financial abuse of the elderly. California maintains strict laws designed to protect persons aged 65 and above, who are more susceptible to fraud. In this…
  • Jan 15

    Understanding a Successor Trustee's Potential Liability

    Understanding a Successor Trustee's Potential Liability
    A person who makes a living trust usually names himself or herself as the initial trustee. The trust instrument should also name successor trustees to act in the event the trust's maker dies or becomes incapable of managing their own affairs.…
Rank this Week: 853

Tax Problem Attorney Blog

Tax Problem Attorney Blog

Covers topics such as sales and payroll tax problems, offers in compromise, tax audits, tax debt, tax disputes, tax fraud, tax litigation and tax controversy, and tax preparer penalties. By Brager Tax Law Group.

http://www.taxproblemattorneyblog.com/
Rank this Week: 866

Planning Notes

Planning Notes

Covers fundamental concepts relevant to estate planning, business law, real estate law, and tax law. By Cook & Cook.

http://cooklaw.co/blog
  • Jan 5

    Selling a Business: Stock Sale v. Asset Sale

    Selling a Business: Stock Sale v. Asset Sale
    When a business is sold, the actual sale often occurs via one of two forms, either as a stock sale or as an asset sale. In general, sellers often prefer stock sales while buyers often prefer asset sales. Although the considerations associated…
  • Dec 17

    2014 Tax Extender Bill Passed By Congre

    2014 Tax Extender Bill Passed By Congre
    Kelly Phillips Erb, writing for Forbes: With just over two weeks left in the 2014 calendar year, the Senate finally made up its mind about the tax extenders bill. The bill, which extends the life of a number of tax breaks through 2014,…
  • Nov 20

    What Is A Business Plan?

    What Is A Business Plan?
    Although a proper legal structure is very important for a startup business, there are many other considerations that are very likely much more important if the business is to be successful. In particular, developing a business plan is often…
Rank this Week: 865

Estate Planning Blog

Estate Planning Blog

Covers asset protection, estate planning, probate and income tax planning. By Sheppard, Brett, Stewart, Hersch, Kinsey & Hill P.A.

http://www.sbshlaw.com/blog
  • Jan 2

    Secrets to a Successful Marriage

    Secrets to a Successful Marriage
    As my Chanukkah and Christmas present to you I am sharing the wisdom from clients who have successfully navigated many years of successful marriage. I’m grateful that Patti and I have twenty five years behind us, which, I suppose is a…
  • Dec 26

    Judgment Creditors and Fraudulent Transfer

    Judgment Creditors and Fraudulent Transfer
    From time to time someone will visit with me in my office with a serious problem. They have lost a lawsuit and have a judgment creditor attempting to satisfy the judgment against their assets. Once someone already knows of a potential…
  • Dec 19

    Major Changes Under Duress Not a Good Idea

    Major Changes Under Duress Not a Good Idea
    It’s not uncommon to panic under extreme pressure. And there’s no pressure like when a loved one is very sick or near death. There’s a temptation to “tie up loose ends” and to direct our financial advisors and…
Rank this Week: 834

Andrew Flusche, Virginia Lawyer

Andrew Flusche, Virginia Lawyer

Covers Virginia drunk driving, reckless driving and speeding offenses.

http://www.andrewflusche.com/blog/
  • Jan 29

    DUI 2nd in Virginia – Challenge the Prior – Fight Indiana

    DUI 2nd in Virginia – Challenge the Prior – Fight Indiana
    Whenever I have a DUI / DWI 2nd offense in Virginia, I request certified copies of the prior conviction. You never know what issues you will find that could carry the day in court. Required disclaimer: PAST CASES DO NOT PREDICT FUTURE…
  • Jan 21

    What is the Difference Between a Class 1, 2, 3, and 4 Misdemeanor?

    What is the Difference Between a Class 1, 2, 3, and 4 Misdemeanor?
    Misdemeanors in Virginia can carry a wide variety of possible punishments. To determine what exactly your punishment could be, you need to know what class your offense falls under. There are four different classes of misdemeanors: Class 1,…
  • Jan 20

    Where on my Ticket Does it Tell me if I’m Charged With a Misdemeanor or Felony?

    Where on my Ticket Does it Tell me if I’m Charged With a Misdemeanor or Felony?
    If you’re unsure what type of charge you are facing in Virginia, you can find out in several ways. 1. Check your paperwork. If you were arrested or even just given a “Virginia Uniform Summons,” you should have a copy of…
Rank this Week: 944

Estate Street

Estate Street

Covers probate and estate and tax planning. By Craig Hughes.

http://estatestreet.blogspot.com/
  • Jan 30

    Grantor vs Non-Grantor Trust

    Grantor vs Non-Grantor Trust
    I received a call a couple of days ago from previous clients who asked whether or not they needed to get a tax number for their trust.  They did not understand that as their trust was a revocable trust (also known as a grantor…
  • Jan 23

    The Cost of Death on the Rise

    The Cost of Death on the Rise
    It can be expensive to die, and I am not talking medical bills at the end of life.  The cost to purchase burial items are expensive.  An article written by Michael De Groote in the Deseret News by Michael De Groote dated…
  • Jan 21

    Gifts To Grandchildren

    Gifts To Grandchildren
    Gifts given to grandchildren by grandparents can be a great blessing.  Kelly Greene wrote an article in the Wall Street Journal September 14, 2012, titled "Are You Coddling Your Grandkids?"  In her article, Ms. Greene indicates five…
Rank this Week: 926

Toronto Estates & Trusts Monitor

Toronto Estates & Trusts Monitor

Discusses the complications, pitfalls, and the overall state of affairs of trusts and estates in Canada. By Megan F. Connolly.

http://www.torontoestatemonitor.com/
  • Mar 7

    A Faulty Settlement and Some Buyer's Remorse

    A Faulty Settlement and Some Buyer's Remorse
    The recent decision of the Superior Court of Justice in the Murphy Estate considers what happens when parties to a proceeding settle a matter on the basis of faulty facts and one of the parties suffers from “buyer’s remorse”. 
  • Mar 5

    Some Tips on Paying Estate Debt

    Some Tips on Paying Estate Debt
    One of an estate trustee’s duties is to pay the debts that a deceased individual owed when he or she died.  As I have previously discussed, the estate trustee is generally not personally liable for the deceased’s debts – they are paid…
  • Feb 29

    Expecting An Inheritance? You Might Not Be Getting One

    Expecting An Inheritance? You Might Not Be Getting One
    Investor’s Group, a financial services company in Canada, recently released the results of a survey regarding people’s expectations when it comes to receiving an inheritance or leaving one to others. 
Rank this Week: 927

Estate Law Canada

Estate Law Canada

Covers estate planning topics, trusts, probate, Enduring Powers of Attorney, health care directives, incapacity issues and elder law. By Lynne Butler.

http://estatelawcanada.blogspot.com/
Rank this Week: 1069

North Carolina Estate Planning…

North Carolina Estate Planning Blog

Covers legal issues relating to wealth transfer, asset preservation, probate, and taxation. By Greg Herman-Giddens of Trust Counsel, P.A.

http://www.ncestateplanningblog.com/
  • Jan 30

    5 Tips for Millennials’ Estate Plan

    5 Tips for Millennials’ Estate Plan
    Every adult can benefit from an estate plan, regardless of marital status, age, income, or assets. Our Chapel Hill estate planning attorneys have even reviewed estate planning tips for college students. Although decisions about what happens…
  • Jan 29

    State Residency and Domicile in Estate Planning

    State Residency and Domicile in Estate Planning
    Tax, probate, and asset protection laws in each state vary. Individuals might want to establish residency in a jurisdiction with attractive legislation for estate planning purposes, and they do not necessarily have to relocate in order to…
  • Jan 26

    Delay Filing: North Carolina Tax Changes Pending

    Delay Filing: North Carolina Tax Changes Pending
    The North Carolina General Assembly will review potential changes to North Carolina income tax laws on January 28, 2015. Filers should wait until after this date to submit their tax returns to prevent potentially refiling returns if tax…
Rank this Week: 1089

Death Care Law Blog

Death Care Law Blog

Covers laws relating to pre-need and death care compliance, serving banks, funeral homes, crematories, and cemetaries. By William Stalter.

http://www.deathcarelaw.com/
  • Jan 28

    Qualified Funeral Trusts: Illinois and Schedule M

    Qualified Funeral Trusts: Illinois and Schedule M
    The Illinois Department Revenue made a revision to Schedule M of the 2014 IL-1041 form that may go unnoticed by many trust tax preparers.  The change is meant to clarify that preneed accounts established pursuant to the Illinois…
  • Jan 11

    Questions for the Jury: the mirror trust account

    Questions for the Jury: the mirror trust account
    A recent order issued by the Federal Court trying the NPS civil suit referenced a mirror trust employed by the defendant bank (12-31-14 Order – Comerica MSJ ).  To facilitate the trading of investment securities, a brokerage…
  • Jan 6

    Question for The Jury: Exculpatory Clauses and Preneed Investment Supervision

    Question for The Jury: Exculpatory Clauses and Preneed Investment Supervision
    It is common for master preneed trusts to have investments directed by an independent fund manager.  The pooling of smaller trusts allows funeral directors to achieve the critical mass needed to engage professional asset…
Rank this Week: 997

Law Office of Roy W. Litherland…

Law Office of Roy W. Litherland Blog

Covers estate planning, probate and living trusts.

http://www.attorneyoffice.com/blog/
  • Jan 26

    What Is an Elder Care Attorney in Campbell California

    What Is an Elder Care Attorney in Campbell California
    What Is an Elder Care Attorney in Campbell California from Roy W. Litherland An elder care attorney can help you create a long-term financial framework that leads to a comfortable retirement. Learn more about elder care attorney in Campbell…
  • Jan 25

    Free Report: Is Probate Always Required in California?

    Free Report: Is Probate Always Required in California?
    If you are in direct personal possession of property at the time of your passing, even if you have a last will, the property would become probate property initially. Topics covered in this whitepaper include: Insurance Policy Records Property…
  • Jan 22

    Free Report: What is a Special Needs Trust in California?

    Free Report: What is a Special Needs Trust in California?
    Now that we have provided the necessary background information, we can look at the value of special needs trusts. These trusts are alternately called supplemental needs trusts. Topics covered in this report include: People With Disabilities…
Rank this Week: 1021

California Tax Attorney Blog

California Tax Attorney Blog

Covers tax controversies involving the IRS and California Franchise Tax Board, as well as California probate, estate planning matters and business transactions. By Mitchell A. Port.

http://www.californiataxattorneyblog.com/
  • Sep 2

    Test Entry

    Test Entry
    Testing schedule feature
  • Aug 30

    For Federal Tax Purposes, All Legal Same-Sex Marriages Will Be Recognized

    For Federal Tax Purposes, All Legal Same-Sex Marriages Will Be Recognized
    The U.S. Department of the Treasury and the Internal Revenue Service (IRS) ruled yesterday that same-sex couples, legally married in jurisdictions that recognize their marriages, will be treated as married for federal tax purposes. The ruling…
  • Dec 29

    Gifts Made By Personal Check

    Gifts Made By Personal Check
    A check written in 2012 that does not clear until 2013 is at risk of being a 2013 gift, not a 2012 gift, since the donor could have stopped payment in 2013 before it cleared. The issue with using checks to make gifts is that until the check…
Rank this Week: 1038

Liberty Law Blog

Liberty Law Blog

Covers estate planning, estate taxes, probate and trusts.

http://www.libertylawapc.com/blog
  • Aug 6

    Successfully Passing the Family Business to Children

    Successfully Passing the Family Business to Children
    Some good reminders from www.estateplanning.com on the importance of being prepared to pass the family business to your kids: If you own and operate a business, you need to have a plan for the future of the business in the event you become…
  • Jun 28

    The Importance of Reviewing Beneficiary Designation

    The Importance of Reviewing Beneficiary Designation
    Did you know that if you do not properly designate beneficiaries on assets like life insurance & retirement accounts – those assets may be distributed to your “estate” instead of your intended beneficiary? This can increase the…
  • Jun 13

    Even young adults should plan their Estate

    Even young adults should plan their Estate
    Good summary article here on why its important for young adults to think about getting some basic documents in place. Tweet
Rank this Week: 1002

Estate Planning in California

Estate Planning in California

By the Law Offices of Shahram Miri, Inc.

http://calestateplanning.blogspot.com/
  • Jan 30

    Trust Fund Loophole - Stepped-up Basi

    Trust Fund Loophole - Stepped-up Basi
    During President Obama's recent state of the union address, he proposed, amongst other tax recommendations, to "close the trust fund loophole." The trust fund loophole he was alluding to is the "stepped-up basis" assets receive when a person…
  • Jan 21

    Litigation involing a Decedent

    Litigation involing a Decedent
    When a person passes away, the law does not automatically grant them immunity from civil litigation. A cause of action survives the decedent's death. For example, assume the decedent prematurely broke a fixed-term lease because he wanted…
  • Jan 16

    Ambiguous Terms in a Trust - Extrinsic Evidence

    Ambiguous Terms in a Trust - Extrinsic Evidence
    Occasionally a person will write a trust with an ambiguous distribution clause. That is, the clause is open to reasonable multiple interpretations. The determination of the rightful beneficiary is obviously paramount because no distribution…
Rank this Week: 1106

California Probate and Estate…

California Probate and Estate Planning Blog

Covers California probate and estate planning including law changes, legal strategies, and detailed descriptions of the options available. By Meissner, Joseph & Palley, Inc.

http://www.californiaprobate.info/blog
  • Jan 1

    IRS Gift and Estate Tax Exemptions for 2015

    IRS Gift and Estate Tax Exemptions for 2015
    The IRS released their gift and estate tax exemption numbers for 2015 a few months back. In case you missed it they are: GIFT TAX: It remains at $14,000 per donor per donee.  So a husband and wife can do … Continue reading…
  • Dec 9

    International Will

    International Will
    I have been practicing law since 1994. I have been extremely focused on the areas of estate and probate law during that time.  Through those years I have a number of clients who have property in other countries. Usually we ……
  • Nov 10

    California Heggstad Petitions and Kucker v. Kucker

    California Heggstad Petitions and Kucker v. Kucker
    I recently had the following calendar note in a probate case in Alameda County. We had filed a Heggstad petition, pursuant to California probate code 850, to get two properties into a trust after death. I should clarify our firm ……
Rank this Week: 1171

Ask Liza: Nolo's Estate Planning…

Ask Liza: Nolo's Estate Planning Blog

Covers estate planning and wills. By Liza Weiman Hanks.

http://blog.nolo.com/estateplanning/
  • Dec 17

    Avoiding a Lump Sum Inheritance

    Avoiding a Lump Sum Inheritance
    Dear Liza My father wants to leave some of his assets to my brother and sister, however neither of them is particularly adept at handling money and he doesn’t want to hand them a large, lump sum. Can a Will stipulate that they receive…
  • Nov 24

    What to Do When One Parent Lacks Capacity

    What to Do When One Parent Lacks Capacity
    Dear Liza, my parents do not have a living trust in place. I need to help them set one up. My father and mother are 91 and 83 respectively. My father has a form of dementia that prevents him from making decision about his property.…
  • Nov 19

    Can the Executor Give Away Estate Assets?

    Can the Executor Give Away Estate Assets?
    Dear Liza: My husband is the sole executor (and only child) of his mother’s Will.  There are no other beneficiaries listed in her Will.  The only asset she had was a home which is valued at about $300,000.  Does he need…
Rank this Week: 1196

Long Island Special Needs Law Blog

Long Island Special Needs Law Blog

Covers estate planning and special needs trusts. By Ellen A. Victor.

http://longislandspecialneedslawyer.com
  • Jun 12

    Feeling Guilty Over Causing My Child’s Disability

    Feeling Guilty Over Causing My Child’s Disability
    Recently, I was reading this review of Toni Braxton’s new memoir, and the reviewer appeared shocked that Ms. Braxton attributed her son’s autism to God’s payback for a prior abortion. I don’t want to get into a…
  • Mar 5

    Now Playing: Kings Park: Stories from an American Mental Institution

    Now Playing: Kings Park: Stories from an American Mental Institution
    Description: A powerful and very personal documentary about the history and legacy of the Kings Park State Mental Hospital by Filmmaker and former patient Lucy Winer will be playing in Huntington at the Cinema Arts Theater, March 23rd, 2014…
  • Feb 6

    There is a Special Place in Hell

    There is a Special Place in Hell
    Four employees of a Long Island group home have been fired and charged with endangerment for pitting two disabled individuals against each other, according to Newsday and News 12 Long Island. Cellphone video of the fight shows the four…
Rank this Week: 1161

Lancaster Law Blog

Lancaster Law Blog

Covers business law, employment law, estate planning, family law, and nonprofit law information for Lancaster County and Pennsylvania residents. From Russell, Krafft & Gruber.

http://www.lancasterlawblog.com/
  • Jan 27

    Happiness After Divorce

    Happiness After Divorce
    I read a lot of articles online about divorce, and all aspects of it.  Not many of them contain content that is worth sharing. However, I found a recent post on Philly.com that I find insightful and provides a healthy perspective about…
  • Jan 16

    Cost of Gas Down, Reimbursement Rate Up

    Cost of Gas Down, Reimbursement Rate Up
    If you have filled up your gas tank recently, turned on the news, listened to the radio, or read a newspaper you’ve probably noticed gas prices are steadily dropping and in a big way.  This time last year the national average price…
  • Dec 22

    What Is a Privacy Policy and What Does It Do?

    What Is a Privacy Policy and What Does It Do?
    Titles can be misleading.  There are many lists and articles online pointing out how audiences can be misled  by movie titles, book titles, headlines and even short titles for legislation.  Which brings me to privacy…
Rank this Week: 1291

About Florida Law

About Florida Law

Covers Florida estate planning and condo laws. By Sackrin & Tolchinsky.

http://aboutfloridalaw.com
  • Jan 27

    Disclosures to Home Buyers: Florida Statute 475.278 and the Real Estate Agent Relationship

    Disclosures to Home Buyers: Florida Statute 475.278 and the Real Estate Agent Relationship
    For Florida real estate lawyers, it’s shocking to contemplate all of the many ways that Florida real estate agents and Florida real estate brokers have found to be underhanded in their dealings with buyers and sellers, all in the name…
  • Jan 20

    What Disclosures Are Required in Florida Residential Real Estate Transactions?

    What Disclosures Are Required in Florida Residential Real Estate Transactions?
    It is not “buyer beware” in Florida for anyone looking to buy residential real estate. Florida home buyers are protected by specific laws passed by the Florida Legislature that force developers, realtors, real estate agents, and…
  • Jan 20

    What Disclosures Are Required in Florida Residential Real Estate Transactions?

    What Disclosures Are Required in Florida Residential Real Estate Transactions?
    It is not “buyer beware” in Florida for anyone looking to buy residential real estate. Florida home buyers are protected by specific laws passed by the Florida Legislature that force developers, realtors, real estate agents, and…
Rank this Week: 1217

Iowa Estate Plan

Iowa Estate Plan

Covers information and news on estate planning and probate. By Matthew Gardner.

http://www.iowaestateplan.com/
  • Jan 4

    What Happens When your Special Needs Child Turns 18 in Iowa?

    What Happens When your Special Needs Child Turns 18 in Iowa?
    A common scenario for children with special needs can arise when the child turns age 18 (age of majority in Iowa).  Once they are an adult, they are entitled to make their own decisions and healthcare information to others may be…
  • Nov 30

    Now and Later: Power of Attorney Authority in Iowa

    Now and Later: Power of Attorney Authority in Iowa
    When I was younger, I used to love Now and Later candy, despite the "workout" it gave my mouth/teeth.  You can enjoy the candy as a hard candy, and continue to enjoy it later when it is soft and chewy. It was like having having a…
  • Nov 16

    Basic Estate Planning Checklist for Aging Parent

    Basic Estate Planning Checklist for Aging Parent
    I have previously posted previously pretty much on all of these items separately, but I thought I'd commit to the "checklist-mania" and add my own checklist.  For individuals that are helping out with an aging family member, this can be…
Rank this Week: 1299

Florida Probate Lawyer Blog

Florida Probate Lawyer Blog

Covers estate, guardianship, probate and trust litigation. By Law Offices of Adrian Philip Thomas.

http://www.florida-probate-lawyer.com/probate
  • Dec 18

    Trust Modification under Florida’s Trust Code

    Trust Modification under Florida’s Trust Code
    Can a court consider extrinsic evidence when asked to modify a trust under the judicial modification statutes even if the trust instrument is unambiguous?  YES! Historically, common law rules of construction provided that the intent of a…
  • Sep 25

    Undue Influence under Florida’s Trust Code

    Undue Influence under Florida’s Trust Code
    Florida Statute § 736.0406 Effect of fraud, duress, mistake, or undue influence.— If the creation, amendment, or restatement of a trust is procured by fraud, duress, mistake, or undue influence, the trust or any part so…
  • Aug 12

    Florida Trust Termination

    Florida Trust Termination
    People create trusts for a variety of reasons.  Some create them for creditor protection.  Others create them because they are concerned about providing the beneficiaries with large sums of money all at once.  Although these…
Rank this Week: 1240

Cooper Elder Law

Cooper Elder Law

Covers Ohio estate planning, nursing home protection and qualifying for veterans benefits. By Thom L. Cooper Company, LPA.

http://cooperelderlaw.com/our-blog/
  • Dec 2

    What’s the Difference Between a Will and a Trust?

    What’s the Difference Between a Will and a Trust?
    By Chris Meyer Many people think that Wills and Trusts are the same thing. Nothing could be further from the truth. While there are similarities, there are some very important differences. A Will is a very basic document that simply expresses…
  • Nov 13

    Will you get an IRA penalty this year?

    Will you get an IRA penalty this year?
    The Tax Policy Center reports that 68% of IRA owners over age 70 1/2 have not yet taken their required minimum distributions this year.  If they don’t take these distributions by the end of the year, they will pay a 50% penalty on…
  • Nov 7

    Veterans Day 2014

    Veterans Day 2014
    By Jessica LoPiccolo Veterans Day is a day of celebration to honor America’s Veterans for their patriotism, love of country, and willingness to serve and sacrifice for the common good. The holiday is observed on November 11th every…
Rank this Week: 1221

Virginia Disability Law Blog

Virginia Disability Law Blog

Covers Social Security disability law and special needs trusts. By Sheri R. Abrams.

http://sheriabrams.com/blog
Rank this Week: 1258

Crider Law P.C. Blog

Crider Law P.C. Blog

Covers elder law, estate planning and family law.

http://www.criderlaw.net/blog/
  • Jan 29

    What “Downton Abbey” Teaches Us About Financial Planning

    What “Downton Abbey” Teaches Us About Financial Planning
    “Downton Abbey” is a show all about money — those who have it, those who don’t, and the tensions and expectations it can bring. View image | gettyimages.com It stands to reason, then, that we might glean a lesson or…
  • Jan 22

    Tom Clancy’s Estate Plans: Not as Tight as His Novel

    Tom Clancy’s Estate Plans: Not as Tight as His Novel
    In recent months, we’ve had occasion to tell you about a few late celebrities’ apparently airtight estate plans, Robin Williams and Joan Rivers among them. View image | gettyimages.com Celebrities don’t always leave their…
  • Jan 15

    Failing at Retirement

    Failing at Retirement
    Retiring isn’t easy, at least not for everybody. A few weeks ago, The New York Times looked at restlessness among senior citizens who are the right age for retirement but not of the right spirit. A series of seniors confessed to the…
Rank this Week: 1458

Buffalo NY Attorneys Blog

Buffalo NY Attorneys Blog

Covers New York elder law, estate law, and real estate legal issues. By Robert Friedman.

http://www.wny-lawyers.com/blog/
Rank this Week: 1337

New York Probate and Estate…

New York Probate and Estate Administration Blog

Published by Stephen Bilkis & Associates

http://www.newyorkprobateestateadministration.com/
  • Jan 14

    Petitioner Moves to Amend Final Accounting

    Petitioner Moves to Amend Final Accounting
    Probate Lawyers said that in this contested accounting proceeding, the petitioner moves for an order permitting him to amend the final accounting to include trustee's commissions to which he alleges he is entitled. Respondent opposes the…
  • Jan 13

    Court Reviews Previous Account with Regard to Double Commission

    Court Reviews Previous Account with Regard to Double Commission
    A Probate Lawyer said the deceased died May 24, 1905, leaving a last will and testament which was duly admitted to probate in June, 1905. The testator left a widow and one child. The provisions of the will called the attention of the Court by…
  • Jan 12

    Court Appoints Temporary Administrator in Probate Proceeding

    Court Appoints Temporary Administrator in Probate Proceeding
    A Probate Lawyer said the plaintiffs motion pursuant to CPLR § 1015 seeking to substitute the law firm of K&K as temporary Administrator for the Estate of Mrs. C is denied. Instead the Public Administrator of Richmond County is…
Rank this Week: 1481

Fiduciary Folio

Fiduciary Folio

Covers fiduciary (wills, estates, entity representations) law, particularly as applied in the State of Georgia. By Tanner Pittman.

http://www.tannerpittmanlaw.com/blog-fiduciary-folio.html
  • Dec 9

    Special Juvenile Immigrant Statu

    Special Juvenile Immigrant Statu
    Our law office regularly helps clients with family legal transactions, including child custody, prenuptial agreements, family partnerships, and - lately - guardianships based upon a child's dependent status. Today, we are launching our…
  • Dec 5

    Another reason for a living trust: you have 79 heir

    Another reason for a living trust: you have 79 heir
    In Georgia, most estate attorneys recommend use of a will rather than a living trust. Probate in this state is a simple affair, if the will is properly drafted, and living trusts are expensive to manage and administer during life. The…
  • Jul 17

    Probate court deadlines - In re Estate of Loyd

    Probate court deadlines - In re Estate of Loyd
    On Tuesday, the Court of Appeals of Georgia handed down its opinion in In re Estate of Loyd.The details of that case are fairly mundane in the world of probate litigation. A will was challenged on grounds of undue influence by a disinherited…
Rank this Week: 1457

KEYTLaw

KEYTLaw

Covers Arizona and federal laws.

http://www.keytlaw.com/blog
  • Nov 27

    Stanford Phds Say Renewable Energy Won’t Work

    Stanford Phds Say Renewable Energy Won’t Work
    The A Register:  “Two highly qualified Google engineers who have spent years studying and trying to improve renewable energy technology have stated quite bluntly that renewables will never permit the human race to cut CO2 emissions…
  • Oct 11

    The Law-School Scam

    The Law-School Scam
    The Atlantic:  “For-profit law schools are a capitalist dream of privatized profits and socialized losses. But for their debt-saddled, no-job-prospect graduates, they can be a nightmare. . . . lorida Coastal is one of three law…
  • Apr 15

    National Weather Service, Post Office & Other Federal Agencies Buying Ammo

    National Weather Service, Post Office & Other Federal Agencies Buying Ammo
    Newsmax:  “Add the U.S. Postal Service to the list of federal agencies seeking to purchase . . . alarmingly large quantities of ammunition.  A little more than a year ago, the Social Security Administration put in a request…
Rank this Week: 1408

New York Estate Planning Lawyer…

New York Estate Planning Lawyer Blog

Covers estate planning, estate administration and estate taxes. By Ettinger Law Firm.

http://www.newyorkestateplanninglawyerblog.com/
  • Sep 27

    New Law Allows Owners to be Buried with Pet

    New Law Allows Owners to be Buried with Pet
    All across the country there are cemeteries for people and cemeteries for pets. Virginia has become the third state in the nation to pass a law allowing pet owners to be buried with man's best friend. Joining New York and Pennsylvania,…
  • Sep 25

    More Estate Planning Lessons from Celebritie

    More Estate Planning Lessons from Celebritie
    Celebrity estate plans often come with extraordinary wealth and considerable resources. However, celebrities are still not immune to estate planning issues and the consequences of poor planning. Several recent celebrity estate planning issues…
  • Sep 22

    Estate Planning Errors to Avoid

    Estate Planning Errors to Avoid
    According to estate planning professionals, almost 65% of Americans do not have a basic will or estate documents drafted. Although it is nice to think that your family will be able to take care of your estate and know your wishes, the truth…
Rank this Week: 1388

Florida Probate Litigation…

Florida Probate Litigation Attorney Blog

Covers contested wills, estate planning, and trusts. By Robert C. Adamski.

http://www.floridaprobatelitigationlawyers.com/
  • Mar 29

    Actor's death exemplifies the importance of guardianship

    Actor's death exemplifies the importance of guardianship
    Paul Walker's death was a shock to the actor's family, friends and his fans. Although unexpected, it appeared that the actor had thought about his own mortality, because he died with an estate plan in place. Walker left his...
  • Mar 27

    Undue influence can often lead to financial exploitation

    Undue influence can often lead to financial exploitation
    Financial exploitation is a serious problem for Florida's seniors, but many people are surprised to learn that it's not just strangers that swindle seniors out of their hard-earned money. A senior's friends or relatives may be the cause of...
  • Mar 21

    Florida suit seeks to protect surviving spouse in gay marriage

    Florida suit seeks to protect surviving spouse in gay marriage
    Eight couples in Florida recently filed a lawsuit against the state, claiming that Florida's ban on gay marriage violates their rights under the U.S. Constitution. The couples, each living in Florida, but married in another state that…
Rank this Week: 1361

Michigan Estate Planning Lawyer…

Michigan Estate Planning Lawyer Blog

Covers trusts, probate, elder law, and estate planning. By Witzke Berry Carter & Wander PLLC.

http://www.michiganestateplanninglawyerblog.com/
  • Sep 24

    Tax Filing Tips for Same-Sex Couples in Oakland County

    Tax Filing Tips for Same-Sex Couples in Oakland County
    Tax filing tips as a result of the Windsor ruling on same-sex couples By Marc Wander Cincinnati residents James Obergefell and John Arthur lived together and were in a committed and intimate relationship for more than 20 years. When John…
  • Sep 24

    Obamacare: GOP’s NEW plan to repeal and replace

    Obamacare: GOP’s NEW plan to repeal and replace
    Obamacare proposed to be repealed and replaced in GOP’s new bill By Mike Witzke A health-care bill will be unveiled by the Republican Study Committee in the House of Representatives to replace Obamacare. (Related: Gifts for…
  • Sep 24

    Gifts for Caregivers: Music, Magazines and Informative Video

    Gifts for Caregivers: Music, Magazines and Informative Video
    Gifts for caregivers are a great way to show your appreciation of their hard work! By Chris Berry Music is another one of the many wonderful gifts for caregivers. It has been show to help heal, reduce stress, and enhance … Continue…
Rank this Week: 1368