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Wills, Trusts & Estates Prof…

Wills, Trusts & Estates Prof Blog

By Gerry W. Beyer.

http://lawprofessors.typepad.com/trusts_estates_prof/
  • Aug 25

    Europe's Wealthiest Bank on Years of Inheritance

    Europe's Wealthiest Bank on Years of Inheritance
    Maintaining inherited wealth is more prevalent in Europe compared to the United States, evidencing the continent’s low social mobility and stagnant education, income, and social connections; 33% of Italy and 65% of Germany’s richest…
  • Aug 25

    Article on Harmless Error Rule's Clear and Convincing Evidence Standard

    Article on Harmless Error Rule's Clear and Convincing Evidence Standard
    Mark Glover recently published an Article entitled, In Defense of the Harmless Error Rule’s Clear and Convincing Evidence Standard: A Response to Professor Baron, 73 Wash. & Lee L. Rev. Online 289 (2016). Provided below is an abstract…
  • Aug 24

    Article on Incomplete Disposition

    Article on Incomplete Disposition
    Naomi Cahn recently published an Article entitled, Incomplete Dispositions, 73 Wash. & Lee L. Rev. Online 259 (2016). Provided below is an abstract of the Article: In Irresolute Testators, Professor Jane Baron provocatively suggests the…
Rank this Week: 22

German Law Group Blog

German Law Group Blog

Covers estate planning.

http://www.germanlawgroup.com/
  • Aug 25

    Where Should You Turn to for Help with Estate Administration?

    Where Should You Turn to for Help with Estate Administration?
    If you recently lost a family member or a loved one you are undoubtedly going through a period of emotional upheaval and profound grief. If you also learned that the decedent appointed you to be the Executor of the estate, or you are planning…
  • Aug 23

    When Is a Power of Attorney the Right Choice?

    When Is a Power of Attorney the Right Choice?
    A power of attorney is, by far, one of the most commonly recognized and frequently used legal documents. A power of attorney can be a valuable addition to your comprehensive estate plan as well; however, it is not always the best option. If…
  • Aug 18

    How to Approach Trust Administration If You Are the Trustee

    How to Approach Trust Administration If You Are the Trustee
    If you have been appointed as the Trustee of a trust you have been given an important job. Your performance as the Trustee will greatly impact the ultimate success, or failure, of the trust. How you approach trust administration as the…
Rank this Week: 4196

All About Estates

All About Estates

Covers estates, trusts, tax, litigation, guardianship and elder care.

http://www.allaboutestates.ca/
  • Aug 25

    Where do our taxes go?

    Where do our taxes go?
    Do you know what the average cost of care is in Ontario for a hospital stay? How about the cost of care to remain at home with support services provided by the public sector? The figures may surprize you!
  • Aug 24

    A Gift or not a Gift? That is the Question

    A Gift or not a Gift? That is the Question
    Many people transfer assets to an adult child, but they often do not clearly express why they have done so. The transfer may be meant as a gift, a way of avoiding probate fees, or to simply allow access to a bank account so that their child…
  • Aug 23

    TRUST INSTALLMENT REQUIREMENTS, INTEREST AND PENALTIES

    TRUST INSTALLMENT REQUIREMENTS, INTEREST AND PENALTIES
    One of the many tasks associated with the administration of trusts is making sure all tax payments are made on a timely basis to protect the trust and its beneficiaries from avoid interest and penalties. In this regard, most trusts are…
Rank this Week: 748

Florida Probate, Trust & Estate…

Florida Probate, Trust & Estate Blog

Covers recent developments in Florida probate, trust, estate and guardianship. By Clark Skatoff PA.

http://www.clarkskatoff.com/news-resources/blog/
  • Aug 24

    Probate Exception Applies to Remand of Turnover Action

    Probate Exception Applies to Remand of Turnover Action
    Federal courts will not hear disputes over property in the custody of the state probate courts. In Pollok v. The Vanguard Group, Inc., Case No.: 8:16-cv-836 (C.D. Cal. Aug. 22, 2016), the Administrator—Personal Representative or…
  • Aug 19

    Pleading Florida’s Long-Arm Statute in Federal Trust Dispute

    Pleading Florida’s Long-Arm Statute in Federal Trust Dispute
    In order to resolve issues regarding personal jurisdiction the Court will typically analyze two questions.  First, whether personal jurisdiction exists over the non-resident defendant under Florida’s long-arm statute. And, second,…
  • Aug 18

    Clark Skatoff Attorneys Successfully Settle Federal Trust Contest

    Clark Skatoff Attorneys Successfully Settle Federal Trust Contest
    Attorneys at Clark Skatoff successfully settle Federal trust contest case in the Southern District of Florida.  Attorneys Jeffrey Skatoff and Anya Van Veen, on behalf of the daughter and grandchildren of a deceased resident of…
Rank this Week: 4187

Texas Wills and Trusts Law Online

Texas Wills and Trusts Law Online

Covers issues relating to wills, trusts, estate planning, and probate in Texas. By Rania Combs.

http://www.texaswillsandtrustslaw.com
  • Aug 24

    Does Property Passed by Transfer on Death Deed Receive a Step-Up in Basis?

    Does Property Passed by Transfer on Death Deed Receive a Step-Up in Basis?
    When someone receives a gift, the recipient of the gift is not responsible for reporting the value of any gifts as income. Rather, it is the gift-giver, or donor of the property, who is required to pay gift taxes if the value of the gift…
  • Jul 27

    Can Agent Override Decisions of Person Granting Power of Attorney?

    Can Agent Override Decisions of Person Granting Power of Attorney?
    I recently received a phone call from a woman whose parents had been victimized and had lost their entire retirement savings to Nigerian con artists. Con artists often target the elderly because isolation and declining cognitive ability…
  • Jul 22

    Have You Signed Your Will?

    Have You Signed Your Will?
    Humans are optimistic. We don’t dwell on the fact that death is inevitable, and that bleeds into our personal outlook for the future. It’s why we plan for vacations, drive in cars, fly in planes, and end visits with friends saying…
Rank this Week: 1422

Murphy's Law Blog

Murphy's Law Blog

Covers elder law, estate planning and probate. By Noreen Murphy.

http://www.noreenmurphylaw.com/blog/
  • Aug 24

    Key Estate Planning Concerns for the Sandwich Generation

    Key Estate Planning Concerns for the Sandwich Generation
    Individuals in the sandwich generation, or adult children who are caring for their own minor children while also helping their aging parents have a unique set of estate planning concerns. For example, you might have just come to the…
  • Aug 17

    Key Concerns of Estate Planning for the Aging Population

    Key Concerns of Estate Planning for the Aging Population
    Baby boomers represent a significant portion of the American population today. One of the biggest concerns impacting these baby boomers is that people are living longer than ever. Life expectancy in 1950 for comparison purpose, was just 65…
  • Aug 10

    The Biggest Benefits of Establishing a Trust

    The Biggest Benefits of Establishing a Trust
    You might be under the impression that if you do not have many assets then you don’t have to set up a meeting with an estate planning attorney. Trusts actually have numerous benefits that can help you and your beneficiaries now and down…
Rank this Week: 3712

Mendel Law Firm Blog

Mendel Law Firm Blog

Covers estate planning.

http://www.mendellawfirm.com/blog/
  • Aug 23

    How Are Elder Law Fees Handled?

    How Are Elder Law Fees Handled?
    Elder law is a relatively new area of the law, yet there is a good chance that you will need an elder law attorney at some point in your life. You may find yourself in need of an elder law attorney or you may be the caretaker of an older…
  • Aug 19

    Famous Estates – Legacy Champ or Chump?

    Famous Estates – Legacy Champ or Chump?
    Christopher Paul “Chris” Gardner (1954- ) – Entrepreneur & Philanthropist Chris Gardner is an American entrepreneur, investor, stockbroker, motivational speaker, author, and philanthropist who, during the early 1980s,…
  • Aug 16

    What Are the Disadvantages of a Medicaid Trust?

    What Are the Disadvantages of a Medicaid Trust?
    You may wonder why Medicaid would be relevant to you if you are going to qualify for Medicare coverage when you reach retirement age. After all, Medicaid is a health insurance program for financially needy people, right? Medicaid is a…
Rank this Week: 4137

Florida Estate Planning and…

Florida Estate Planning and Probate Law Blog

By Marc Soss.

http://floridaestateplanningandprobatelaw.blogspot.com/
  • Aug 23

    CAN MY REVOCABLE TRUST OWN S-CORPORATION STOCK

    CAN MY REVOCABLE TRUST OWN S-CORPORATION STOCK
    A Florida Revocable Trust (“Trust”) is a common tool utilized by individuals when creating their Florida estate plans. A Trust is designed to hold assets during the Grantor (the individual who creates the Trust) lifetime and then…
  • Aug 22

    FLORIDA LLC TAX ISSUES

    FLORIDA LLC TAX ISSUES
    Under the IRS “check the box” regulations, a Florida Limited Liability Company with two or more members is automatically taxed for income tax purposes as a partnership. As a result, all income that passes through a partnership to…
  • Aug 19

    DISCRIMINATION PROVISION IN WILL UPHELD AS VALID

    DISCRIMINATION PROVISION IN WILL UPHELD AS VALID
    In the New Jersey Appeals Court case of In re the Estate of Kenneth E. Jameson, (NJ App., Aug. 12, 2016), a New Jersey appeals court upheld NJ law which allows discrimination provisions in testamentary bequests. The law does not preclude an…
Rank this Week: 4288

Berk & Moskowitz P.C. Blog

Berk & Moskowitz P.C. Blog

Features articles, news, tips and other information about Arizona probate law.

http://berkmoskowitz.com/blog/
  • Aug 23

    Kent Berk to Teach Financial Exploitation Seminar

    Kent Berk to Teach Financial Exploitation Seminar
    Scottsdale, Arizona probate attorney Kent S. Berk will teach a seminar regarding financial exploitation claims under Arizona’s adult protective service act.  The seminar will be held at the Maricopa County Bar Association in…
  • Jun 29

    23 Mile Buckskin Gulch Hike

    23 Mile Buckskin Gulch Hike
    Lest any of our friends or clients think that all we do is go to court, take depositions and sit in the office talking on the phone or doing research and writing, we decided to share the video of our epic hike of Wire Pass, Buckskin Gulch and…
  • Mar 10

    Keeping a Healthy Brain

    Keeping a Healthy Brain
    Most people are concerned about keeping their brains healthy and active as they age. With high anticipated rates of Alzheimer’s disease and dementia projected for the future, this should be important for everyone. Indeed, the…
Rank this Week: 3727

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/
  • Aug 22

    How California Probate Guardianships for Minors Work

    How California Probate Guardianships for Minors Work
    If you have minor children, it is important to consider the estate planning implications of providing for them before they reach the age of 18. If you leave your children a substantial inheritance, it will be necessary to name a guardian for…
  • Aug 21

    Can I Leave My Estate to Anyone I Want?

    Can I Leave My Estate to Anyone I Want?
    There are many stories about people who make unusual bequests in their last will and testament. Perhaps the strangest story involved a wealthy Portuguese aristocrat who passed away several years ago at the age of 42. The man was unmarried and…
  • Aug 20

    Does the Personal Representative of My Estate Get Paid?

    Does the Personal Representative of My Estate Get Paid?
    Administering a California probate estate is often a time-consuming affair. The personal representative (or executor) of your estate is responsible for gathering and maintaining all of your assets, paying any legitimate creditor claims, and…
Rank this Week: 905

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: 315

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

Edited by University of Miami School of Law Professor Michael Froomkin, The Journal of Things We Like (Lots)–JOTWELL–invites law professors to join us in filling a telling gap in legal scholarship by creating a space where legal academics will go to identify, celebrate, and discuss the best new legal scholarship.

http://jotwell.com/
  • Aug 22

    Jotwell 2016 Summer Break

    Jotwell 2016 Summer Break
    Jotwell is taking a short summer break. Posting will resume on Tuesday, September 5. However, even while we’re on break, we’ll be accepting submissions, editing them, and preparing a new section that we plan to be launching very…
  • Aug 19

    When Physical Harm Is Threatened but Not Realized: Who Should Pay?

    When Physical Harm Is Threatened but Not Realized: Who Should Pay?
    Donal Nolan, Preventive Damages, 132 Law Q. Rev. 68 (2016), available by subscription at Westlaw.Ellen BublickThe recent Restatement Third of Torts divides U.S. tort law into separate categories of harm. Liability for physical injury is…
  • Aug 18

    Understanding Unconstitutional Amendments: Reflections on Comparative Constitutional Doctrine and Method

    Understanding Unconstitutional Amendments: Reflections on Comparative Constitutional Doctrine and Method
    Rosalind Dixon & David Landau, Transnational Constitutionalism and a Limited Doctrine of Unconstitutional Constitutional Amendment, 13 Int’l J. Const. L. 606 (2015).Hoi KongRosalind Dixon and David Landau’s Transnational…
Rank this Week: 268

Hauptman and Hauptman, P.C. Blog

Hauptman and Hauptman, P.C. Blog

Covers guardianship, Medicaid, probate and estate administration.

http://www.hauptmanlaw.com/blog
  • Aug 21

    The Problem with Annuities and How to Solve It (Part 2) #Annuitie

    The Problem with Annuities and How to Solve It (Part 2) #Annuitie
                    Last week I was outlining the problem with annuities.  What I am specifically referring to is the tax deferred status of annuities.  While…
  • Aug 14

    The Problem with Annuities and How to Solve It

    The Problem with Annuities and How to Solve It
                    It’s an issue that we see time and again.  Many of our senior clients have annuities that they purchased years ago.  In its simplest…
  • Aug 7

    Home Based Medicaid – A Deceiving Benefit – Part 2 #HomeBasedMedicaid

    Home Based Medicaid – A Deceiving Benefit – Part 2 #HomeBasedMedicaid
                I told you last week that Jim’s dad was running out of money.  Living at home with aides providing him with round the clock care, Jim was thinking that once the…
Rank this Week: 4314

Law Office of Andrew M. Lamkin,…

Law Office of Andrew M. Lamkin, P.C. Blog

Covers elder law.

http://lamkinelderlaw.com/articles/
  • Aug 19

    What Does Bequest Mean?

    What Does Bequest Mean?
    When you are drafting an estate plan, there will be plenty of terms thrown around that you may not fully understand. It is important that you do your own due diligence to research these terms and, if ever you are not sure, ask your estate…
  • Aug 12

    How Does Capacity Affect Elder Law Cases?

    How Does Capacity Affect Elder Law Cases?
    Capacity is a very difficult term in the elder law section of the statute. While it is clear what makes a person capable of making decisions, that definition does not always play out as smoothly in real life. For example, people can seem to…
  • Aug 5

    Does the Illness Matter With End of Life Care?

    Does the Illness Matter With End of Life Care?
    End of life care is important – especially as you age or if you are diagnosed with a particular condition that will degenerate your capabilities over time. Even if you have been diagnosed for some time, it is never too late to start…
Rank this Week: 4382

Wills and Estate Administration…

Wills and Estate Administration Articles

Covers probate, elder law and litigation topics. By Kenneth Vercammen.

http://njwills.blogspot.com/
Rank this Week: 1629

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/
  • Aug 18

    Ponte Vedra Trust Lawyer Interview

    Ponte Vedra Trust Lawyer Interview
    I have recently become acquainted with a bank who does business very different than traditional banks.  As we do Trust funding for many of our estate planning, elder law, and asset protection packages, we have the opportunity to interact…
  • Jul 11

    How to Correct a Death Certificate in Florida

    How to Correct a Death Certificate in Florida
    Correcting a Death Certificate in Florida We often receive calls about how to correct a Florida Death Certificate in relation to filing a Probate case in Florida. Correcting a Florida Death certificate is done through Florida Vital Statistics…
  • May 27

    Remarriage Protection

    Remarriage Protection
    Remarriage Protection Many lawyers proclaim to have remarriage protection in their estate planning documents, but few estate plans deal with these issues completely. A traditional trust that deals with remarriage will include language that…
Rank this Week: 225

California Trust, Estate & Probate…

California Trust, Estate & Probate Litigation

Covers estate planning, probate, trusts and wills. By Albertson & Davidson LLP.

http://www.californiatrustestateandprobatelitigation.com
  • Aug 16

    Great California Trust and Will lawyers need great judgment

    Great California Trust and Will lawyers need great judgment
      Law is a subjective pursuit. Only after everything is said and done can you look back and diagnose the good and the bad. But when you are in the heat of battle on a lawsuit, there rarely are any clearly right answers…or clearly…
  • Aug 2

    Legal Loopholes: How California Trustees escape liability

    Legal Loopholes: How California Trustees escape liability
    You may be surprised to learn that there are a number of ways that a bad Trustee can escape liability in Court. For starters, if the Trustee disclosed a questionable transaction in writing to you, you only have three years in which to file a…
  • Jul 19

    It You Got ‘Em…Flaunt ‘Em: A California Trustee’s Duty to Use Special Skill

    It You Got ‘Em…Flaunt ‘Em: A California Trustee’s Duty to Use Special Skill
    “If you got it, flaunt it baby!” That’s one of my favorite lines from the movie The Producers by Mel Brooks. The same can be said of California Trustees (although not referring to their looks of course). For Trustees, if you…
Rank this Week: 1806

New York Probate and Estate…

New York Probate and Estate Administration Blog

Published by Stephen Bilkis & Associates

http://www.newyorkprobateestateadministration.com/
  • Aug 15

    Petitioner Seeks Limited Letters of Estate Administration

    Petitioner Seeks Limited Letters of Estate Administration
    A Kings County Estate Administration Lawyer said that, this is an application for limited letters of temporary estate administration. Decedent executed a will in Ireland which was witnessed by the manager for the United States Lines in…
  • Aug 14

    Executrix Petitions for the Construction of a Will

    Executrix Petitions for the Construction of a Will
    An estate administration lawyer said that, on December 2, 1999 a will was admitted to probate on August 16, 2001, reads as follows: “All the rest, residue and remainder of the property which I may own at the time of my death, real and…
  • Aug 13

    Court Interpretes Living Trust

    Court Interpretes Living Trust
    An Estate Administration Lawyer said that, there are three proceedings pending in the estate of the decedent: (1) a miscellaneous proceeding to declare the decedent’s Living Trust dated March 19, 2001 invalid; (2) a proceeding to…
Rank this Week: 1636

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
  • Aug 15

    Heggstad petition v. full probate after death of first spouse

    Heggstad petition v. full probate after death of first spouse
    I spoke to a potential new client recently who has a very common scenario. For this blog we will call them Mr. and Mrs. Smith.  He and his wife have a trust from the early 1980’s.  It appears to be a fairly standard trust.…
  • Jul 12

    FREE CALIFORNIA PROBATE BOOK

    FREE CALIFORNIA PROBATE BOOK
    It’s not on Amazon yet, there has been no official press release, but my book HOW TO LIVE AND DIE WITH CALIFORNIA PROBATE (A Layman’s Guide to Understanding Probate in California) has been printed and is in my hot little hands!…
  • Jun 27

    CONSOLIDATE YOUR ASSETS INTO YOUR TRUST

    CONSOLIDATE YOUR ASSETS INTO YOUR TRUST
    As you likely know, in the email world, to use ALL CAPS means that you are “yelling.”  Or, should I say, “YELLING!?”  So the title to this post could be construed as my YELLING and I am ok with that. For the…
Rank this Week: 1469

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/
  • Aug 15

    Long Term Care Insurance—Is It Right For You? (An Elder Law Today Blog)

    Long Term Care Insurance—Is It Right For You? (An Elder Law Today Blog)
    Long term care insurance (LTC insurance), unlike most health insurance plans, pays for the cost of your care when you need permanent help with activities of daily living (bathing, dressing, eating, etc.). Depending on the LTC policy, covered…
  • Jul 27

    Asset Protection Strategy – 529 Plan

    Asset Protection Strategy – 529 Plan
    By: Justin M. Kennedy, Associate Attorney Law Office of Roy W. Litherland If you are concerned that you may be sued in the future, you may want to consider ways of protecting your assets.  As a Trustor, many asset protection strategies…
  • Jul 20

    What Happens to a Living Trust when a Spouse Passes Away?

    What Happens to a Living Trust when a Spouse Passes Away?
    In this blog article, we will address the issue of living trusts as they apply to married couples and what happens to the trust upon the passing of the first spouse. First, we will review the value of living trusts in general. Many…
Rank this Week: 3971

Florida Probate Litigation Lawyer…

Florida Probate Litigation Lawyer Blog

Cover Florida probate litigation. By Chepenik & Trushin LLP.

http://www.floridaprobatelitigationlawyer.com/
  • Aug 15

    What is your plan for the “What if” in life?

    What is your plan for the “What if” in life?
    Estate Planning for Young Professionals: Don’t Wait to Start Planning Discussing one’s death can be an awkward and uncomfortable experience at any age. It is a topic that most individuals avoid at all costs, especially young…
  • Aug 1

    FIRPTA – Be Aware!

    FIRPTA – Be Aware!
    FIRPTA: Increased Withholding and Other Changes Most professionals have familiarity with the Foreign Investment in Real Property Tax Act (“FIRPTA”), especially those that have foreign clients investing in U.S. real estate. On…
  • Jul 22

    Trustee Acting Squirrely?

    Trustee Acting Squirrely?
    When a Trustee Goes Bad: Removal of a Trustee Trustees play a critical role in trust administration. Settlors, or creators of the trust, give trustees legal title and management authority over the settlor’s property for the benefit of…
Rank this Week: 2071

New York Trusts & Estates…

New York Trusts & Estates Litigation Blog

Discusses recent cases and developments pertaining to New York trusts and estates law. By Farrell Fritz.

http://www.nyestatelitigationblog.com/
Rank this Week: 2108

New York Probate Lawyer Blog

New York Probate Lawyer Blog

By Jules Martin Haas.

http://www.newyorkprobatelawyerblog.com/
  • Aug 10

    New York Spouses Can Lose Their Inheritance Rights Due to Abandonment

    New York Spouses Can Lose Their Inheritance Rights Due to Abandonment
    The settlement of a New York estate requires the identification of the decedent’s distributees (i.e, next of kin). In both probate proceedings and intestate administration proceedings the Court filings require that the names and…
  • Aug 3

    New York Estate Settlement May Require The Examination of a Safe Deposit Box

    New York Estate Settlement May Require The Examination of a Safe Deposit Box
    The administration of a New York Estate involves many different tasks. The main function of an estate fiduciary such as an executor or administrator is to collect the decedent’s assets and to pay or satisfy various debts and…
  • Jul 27

    New York Kinship Determinations Require A Due Diligent Search

    New York Kinship Determinations Require A Due Diligent Search
    Surrogate’s Court cases such as probate proceedings and intestate administration proceedings have many different requirements. However, one common necessity in all these matters is that the Court must be provided with complete…
Rank this Week: 2596

North Carolina Trusts and Estates…

North Carolina Trusts and Estates Litigation

A discussion of trusts and estates litigation in North Carolina. By Evan Lohr.

https://ncestatelitigation.wordpress.com/
Rank this Week: 4699

Florida Probate Blog -…

Florida Probate Blog - WeProbateFlorida.com

Covers Florida probate administration. By Long H. Duong.

http://weprobateflorida.com
  • Aug 5

    Real Estate Agents: A Primer on Florida Probate property

    Real Estate Agents: A Primer on Florida Probate property
    Off the top of my head, real estate assets make up about 75% of the estates we handle. With over 600 probate cases under our belt, that’s roughly 450 real estate transfers throughout the State of Florida. Many of these properties are…
  • Jul 26

    ALERT: Confirm Designated Beneficiary on Your Bank Account!

    ALERT: Confirm Designated Beneficiary on Your Bank Account!
    In the past year, we’ve had at least 5 calls requesting our Florida probate representation for just a regular checking account. If the deceased owner of the account had simply confirmed the designated beneficiary, probate could have…
  • Jul 15

    5 Common Myths about Florida Probate Law

    5 Common Myths about Florida Probate Law
    Let’s explore some common (popular?) myths about Florida probate law shall we? 1. Mom had a Will so we don’t have to go through probate. Unfortunately, dying with a Will (Testate) has no bearing on whether or not probate is…
Rank this Week: 2634

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
  • Aug 3

    Treasury Issues Proposed Regulations to Restrict Minority Discount

    Treasury Issues Proposed Regulations to Restrict Minority Discount
    Jonathan G. Blattmachr and Mitchell M. Gans for WealthManagement.com regarding proposed regulations promulgated by the U.S. Department of the Treasury, which could substantially reduce or eliminate minority discounts often associated with…
  • Jul 18

    Prince Estate: The Importance Of Having A Will

    Prince Estate: The Importance Of Having A Will
    Gary Borofsky in Forbes about Prince's estate plan, err, lack thereof: The untimely death of the music icon is exposing the role tax planning plays in an overall estate plan. By creating a comprehensive plan, a high net worth individual…
  • May 26

    Before You Travel This Summer, Don’t Forget These 5 Estate Planning Must Do

    Before You Travel This Summer, Don’t Forget These 5 Estate Planning Must Do
    It’s travel season! Whether you’re planning to dip your toes in the sand and surf, or ride the newest attractions at your favorite amusement park, you’re ready to hit the road (or the skies) and get out of town! Before you…
Rank this Week: 2264

Tennessee Wills and Estates

Tennessee Wills and Estates

Provides commentary on wills, probate law and estate planning. By Jason A. Lee

http://www.tennesseewillsandestates.com
Rank this Week: 4442

Law Office of Robert L. Boydstun…

Law Office of Robert L. Boydstun Blog

Covers estate planning, probate, guardianships, disability and elder law.

http://www.boydstunlaw.com/blog/
  • Jul 14

    What Is Undue Influence?

    What Is Undue Influence?
    Saying that there has been "undue influence" is often used as a reason to contest a will or estate plan, but what does it mean? The post What Is Undue Influence? appeared first on Boydstun.
  • Jun 27

    Most Caregivers Are Now Entitled to Minimum Wage and Overtime Pay

    Most Caregivers Are Now Entitled to Minimum Wage and Overtime Pay
    Become familiar with the federal government's rules regarding minimum wage and overtime protections for home health care workers. The post Most Caregivers Are Now Entitled to Minimum Wage and Overtime Pay appeared first on Boydstun.
  • Jun 21

    Beware of Non-Lawyers Offering Medicaid Planning Advice

    Beware of Non-Lawyers Offering Medicaid Planning Advice
    In recent years a number of non-lawyers have started businesses offering Medicaid planning services to seniors. While using one of these services may be cheaper than hiring a lawyer, the overall costs may be far greater. The post Beware of…
Rank this Week: 4028

Estate Planning & Probate 411

Estate Planning & Probate 411

Covers California probate, wills, trusts, powers of attorney, incapacity and related topics. By Helene P. Dreyer Koch.

http://indianwellsestateplanningattorney.com/
  • Jul 14

    What Is a Discretionary Trust?

    What Is a Discretionary Trust?
    A “discretionary trust” gives the trustee discretion over how, when, and if the beneficiaries may access trust assets. Certain uses of the money might be deemed acceptable, whereas other uses will be restricted. For instance, the…
  • Jun 25

    How Can You Help with Their College Expenses?

    How Can You Help with Their College Expenses?
    If you have children or grandchildren who have not yet completed their college education, you may be wondering how to help them achieve that goal. Two popular choices are the 529 College Education Plan and an Education Trust. A 529 ……
  • Feb 19

    What Is a POLST and Do I Need One Instead of a Medical Power of Attorney?

    What Is a POLST and Do I Need One Instead of a Medical Power of Attorney?
    POLST stands for “Physician Orders for Life-Sustaining Treatment.” It differs from an Advance Healthcare Directive (aka medical power of attorney or power of attorney for healthcare) in several ways and is NOT intended to replace…
Rank this Week: 4525

Philadelphia Estate and Tax…

Philadelphia Estate and Tax Attorney Blog

Focuses on income, estate and gift tax matters, estate planning and probate administration. By Steven J. Fromm.

http://frommtaxes.wordpress.com/
  • Jul 12

    City of Philadelphia Department of Revenue Announces Wage Tax Reduction for July 1, 2016

    City of Philadelphia Department of Revenue Announces Wage Tax Reduction for July 1, 2016
    Philadelphia Landmark: The Famous and Quirky 45 Foot Steel Clothes Pin Created by Sculptor Claes Oldenburg Across from City Hall   The City of Philadelphia has reduced the City Wage Tax rate effective July 1, 2016. The new Wage Tax…
  • Jun 2

    Did You Get a Letter in the Mail from the IRS? Here is What You Need to Do

    Did You Get a Letter in the Mail from the IRS? Here is What You Need to Do
    Each year, the IRS mails millions of notices and letters to taxpayers for a variety of reasons. This can be extremely upsetting when receiving this form of communication, whether it is from the IRS or any other taxing authority.  The…
  • Dec 18

    2016 Standard Mileage Rates for Business, Medical and Moving

    2016 Standard Mileage Rates for Business, Medical and Moving
    The Internal Revenue Service on December 18, 2015 issued the 2016 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. Beginning on Jan. 1,…
Rank this Week: 3598

Probate Litigation Attorney Blog

Probate Litigation Attorney Blog

Covers wills & trusts, probate and conservatorships. By Ginzburg & Bronshteyn LLP.

http://www.losangelesprobatelitigationattorneyblog.com/
  • Jul 9

    Role of Probate PVP Counsel

    Role of Probate PVP Counsel
    On June 21, 2016, Trust and Wills Attorney Yasha Bronshteyn attended the Beverly Hills Bar Association -Trust and Wills Section Presentation at Lawry’s of Beverly Hills to address the role of Probate Volunteer Panel counsel in…
  • May 29

    Estate Planning & Probate luncheon with Judge Glen Reiser, Ventura County Probate Judge

    Estate Planning & Probate luncheon with Judge Glen Reiser, Ventura County Probate Judge
    On May 26, 2016, the Estate Planning and Probate Section of the Ventura County Bar Association was fortunate to have Judge Glen M. Reiser, presiding probate judge, present a State of the Probate Court address at the Wedgewood Ventura. …
  • Mar 19

    Lunch with The Probate Judges – 2016

    Lunch with The Probate Judges – 2016
    On March 15, 2016, Judges of the Probate Court for Los Angeles County discussed the current state of the Probate Court and addressed issues and concerns affecting the Court, the courtroom transitions, modernizing the system to benefit…
Rank this Week: 3216

Estate Planning and Elder Law Blog

Estate Planning and Elder Law Blog

Covers estate planning, elder law, and probate topics in New York. By the Law Offices of Roman Aminov.

http://www.aminovlaw.com
  • Jul 6

    Estate Planning for Young Familie

    Estate Planning for Young Familie
    Young people, including the author, tend to think they are invincible. They don’t plan on getting sick or even worse, dying. Why, then, do they need an estate plan? For the same reason that older people create them: we are all mortals…
  • Jun 16

    Removing 805 Bond Restrictions in Brooklyn Surrogate’s Court

    Removing 805 Bond Restrictions in Brooklyn Surrogate’s Court
    As an Estate Lawyer, I often get phone calls from clients who have successfully obtained letters of administration for the estate of a loved one, but can’t sell the real property or even transfer it to themselves. The reason is that…
  • May 2

    Medicaid Planning for Parents in New York

    Medicaid Planning for Parents in New York
    As parents get older, children begin to take on the role of caretaker and assist their parents in making various medical and financial decisions. In fact, I receive more phone calls from children of seniors looking for Medicaid planning for…
Rank this Week: 4273

Texas Probate Litigation

Texas Probate Litigation

Covers Texas will contests, trust and inheritance disputes. By J. Michael Young.

http://www.txprobatelitigation.com/
  • Jul 5

    Estoppel does not prevent beneficiary from pre-suit discovery

    Estoppel does not prevent beneficiary from pre-suit discovery
    The Fort Worth Court of Appeals decision in In Re Meeker involves two important issues for probate litigators: entitlement to pre-suit discovery and estoppel based on acceptance of benefits. Both issues arise fairly regularly in will…
  • Jun 20

    Garrett v. First State Bank of Central Texas: No informal fiduciary relationship

    Garrett v. First State Bank of Central Texas: No informal fiduciary relationship
    In Garrett v. First State Bank of Central Texas, the Waco Court of Appeals considered a dispute over the ownership of a decedent's account. The bank filed an interpleader when faced with competing claims to the account proceeds, between…
  • May 11

    Mind your QDRO

    Mind your QDRO
    I routinely handle life insurance beneficiary disputes. As I mentioned in a previous post, the first issue I analyze is whether the life insurance policy is governed by state law or by a federal law known as ERISA. Many ERISA...
Rank this Week: 2148

Law Offices of Robert H. Glorch…

Law Offices of Robert H. Glorch Blog

Illinois attorney blog for estate planning, wills, trusts and probate.

http://www.illinoisestateplan.com/blog
  • Jun 27

    Ernie Banks Estate, Part 10: Settlement Talks and More

    Ernie Banks Estate, Part 10: Settlement Talks and More
    This is the ninth installment in my series on various legal aspects of the Estate of Ernie Banks. You can read my first nine pieces here. I’m back! It’s been a couple months since my last blog post and over six months since my…
  • Apr 5

    A Brief Introduction to Premarital Agreement

    A Brief Introduction to Premarital Agreement
    Premarital (aka prenuptial) agreements are sometimes a touchy subject (and often fodder for celebrity gossip). OK, maybe more than sometimes. I think that’s because they are often viewed as nothing more than pre-planning for divorce.…
  • Mar 16

    Trust Funding: Top 5 Overlooked Asset

    Trust Funding: Top 5 Overlooked Asset
    The cornerstone of the vast majority of estate plans that I create for our clients is the revocable living trust. They help clients achieve a wide array of estate planning goals by providing a comprehensive set of instructions for managing,…
Rank this Week: 4380

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
  • Jun 24

    Corya and Woodward

    Corya and Woodward
    LIMITATIONS ON PROCEEDINGS AGAINST TRUSTEES:  CORYA, WOODWARD AND FLA. STAT. §736.1008 The Florida Trust Code contains a section titled “limitations on proceedings against trustees” that is a limitation of actions and…
  • Jun 14

    Can I fire my trustee

    Can I fire my trustee
    Over nearly 20 years, my law firm has received hundreds of phone calls asking – How can I fire my Trustee? or How can I remove my Trustee?  In Florida, getting rid of a Trustee is called a trustee removal action where a beneficiary…
  • May 14

    Convicted Felons Cannot Serve as Personal Representative

    Convicted Felons Cannot Serve as Personal Representative
    In Florida, a person is not qualified to act as personal representative of a decedent’s estate if the person has been convicted of a felony.  See, Fla.Stat. 733.303.  In a recent opinion, the Fourth District Court of…
Rank this Week: 1534

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/
  • Jun 21

    Battles Coming For Muhammad Ali Estatee

    Battles Coming For Muhammad Ali Estatee
    Muhammad Ali was never one to shy away from battles. From heavyweight champions in the boxing ring, to the United States Government, and to the ravaging effects of Parkinson's disease, Ali continued to fight. Now there are growing fears that…
  • May 16

    Prince, Tupac, And Snoop Dogg: 5 Top Musical Planning Mistake

    Prince, Tupac, And Snoop Dogg: 5 Top Musical Planning Mistake
    Prince died without a will. So did Tupac Shakur, Bob Marley, and many other legendary musicians. Snoop Dogg doesn't even want a will. The question is: Why? It seems like such a basic concept; everyone needs a will. Otherwise the laws of the…
  • May 3

    The Prince Estate: Trouble Brewing And Still No Will After 1st Court Hearing

    The Prince Estate: Trouble Brewing And Still No Will After 1st Court Hearing
    Despite the probate process having just begun for Prince's Estate, one thing is clear -- it will be a long and rocky road for everyone involved. While no one can dispute the artistic and creative greatness of the artist whose real name was…
Rank this Week: 511

Wealth Wars: Arkansas Estate,…

Wealth Wars: Arkansas Estate, Trust & Probate Litigation Blog

Covers estate and trust conflicts, inheritance battles, and will contests.By Matt House.

http://arkansaswealthwars.com
  • Jun 16

    Presentation At The 2016 Arkansas Bar Association Annual Meeting

    Presentation At The 2016 Arkansas Bar Association Annual Meeting
              Today one of my law partners, Pat James, and I will be privileged to make a presentation at the Arkansas Bar Association Annual Meeting in Hot Springs, Arkansas, where over 1,200 lawyers and…
  • Feb 7

    Brief Thoughts On Claims Of Undue Influence

    Brief Thoughts On Claims Of Undue Influence
    As stated in my previous post regarding the capacity of a testator to execute a will or trust, the two concepts are closely related.  For example, incapacity relates to invalidation of a will, trust, deed, etc. because of the…
  • Feb 7

    Brief Thoughts On Claims Of Undue Influence

    Brief Thoughts On Claims Of Undue Influence
    As stated in my previous post regarding the capacity of a testator to execute a will or trust, the two concepts are closely related.  For example, incapacity relates to invalidation of a will, trust, deed, etc. because of the…
Rank this Week: 2674

New York Probate Blog

New York Probate Blog

Covers New York probate and estate laws, estate planning and taxation. By Rudolf J. Karvay.

http://www.nycprobate.com/probate-blog/
  • May 23

    Common and Costly Estate Planning Error

    Common and Costly Estate Planning Error
    It is not uncommon for even the very wealthy or public figures to miss the boat when it comes to proper estate planning. While you might think that you are too young, too poor, or too healthy to have to think about estate planning, it is…
  • Oct 23

    Inheritance Rights of Posthumously Conceived Children

    Inheritance Rights of Posthumously Conceived Children
    Thanks to the advancement of technology, couples who are suffering through infertility now have a chance to get pregnant. The most widely known treatment is in vitro fertilization. Through this method, there is a chance for children to be…
  • Oct 23

    Disinheriting Your Spouse

    Disinheriting Your Spouse
    While it is more common to hear of people disinheriting their adult children, disinheriting a spouse is rare. That is because in the State of New York, you cannot disinherit your spouse. You cannot leave the surviving spouse with nothing nor…
Rank this Week: 4505

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/
  • May 9

    Tips When Registering Your trademark With an Attorney

    Tips When Registering Your trademark With an Attorney
    When you are looking to brand a business, you need to begin by registering a trademark. A trademark is essentially a sign, design or unique expression that is recognisable. Through the use of trademark registration, you can be sure that other…
  • Oct 15

    KNOWING MARYLAND’S MEDICAL MALPRACTICE AND WHEN TO CALL A LAWYER

    KNOWING MARYLAND’S MEDICAL MALPRACTICE AND WHEN TO CALL A LAWYER
    That opening line of the Hippocratic Oath isn’t always so uncomplicated as it is brief. Maryland medical malpractice lawyers engage hundreds, if not thousands of cases yearly in which medical professionals left their patients in worse…
  • Oct 9

    Looking At Bankruptcy Law In California

    Looking At Bankruptcy Law In California
    Setbacks are common in life. If your financial situation has spiraled out of control it’s wise that you apply for insolvency. Paths of Alleviation Personal bankruptcy laws supply you with two paths for relief: chapter 7 as well as…
Rank this Week: 1143

Palm Springs Estate Planning…

Palm Springs Estate Planning Lawyer Blog

Covers estate taxes, probate, trusts, wills and estate planning. By Julia Burt Law and El Paseo Law Group.

http://www.palmspringsestateplanninglawyerblog.com/
  • May 6

    Barbara G. Knox Joins Burt & Associate

    Barbara G. Knox Joins Burt & Associate
    We are pleased to announce that long-time Probate Attorney Barbara G. Knox is joining the firm as Of Counsel. She will be working in our Palm Springs office assisting clients with Estate Planning, Probate, Conservatorship and Guardianship…
  • Apr 30

    Palm Springs Probate Attorney Discusses Prince’s Death

    Palm Springs Probate Attorney Discusses Prince’s Death
    Estate taxes issues present headaches for the simplest estates. These potential issues are compounded when the decedent is a celebrity. In the wake of Prince’s untimely death, his estate attorneys will be tasked with the momentous task…
  • Apr 7

    Palm Desert Trust Attorney Highlights the Importance of Financial Dialogues Between Parents and Children

    Palm Desert Trust Attorney Highlights the Importance of Financial Dialogues Between Parents and Children
    It is common that a married couple in their late sixties creates an estate plan which names their child or children as Trustees and/or Agents. This is a great first step in setting up a plan that can help when the parents are no longer able…
Rank this Week: 3391

South Florida Estate Planning Law

South Florida Estate Planning Law

Covers South Florida estate planning, probate and tax law issues. By David Shulman.

http://www.sofloridaestateplanning.com/
  • May 4

    Britney Spears’s Conservatorship (Guardianship) Is Still in Place

    Britney Spears’s Conservatorship (Guardianship) Is Still in Place
    It’s an awful thing when you are unable to manage your own affairs. Usually, it happens to the very elderly. Due to senile dementia, Alzheimers, or other diseases, they can not manage their own finances, or make informed decisions about…
  • Apr 26

    This is what it sounds like – when people die intestate

    This is what it sounds like – when people die intestate
    The biggest enemy of proper estate planning is procrastination. As the world knows, Prince died last week. Today we find out that he died intestate, which is a fancy word that lawyers use for dying without a will. When you die intestate, the…
  • Mar 11

    My monthly appearance on the “Ask the Experts” radio show, 3-10-2016

    My monthly appearance on the “Ask the Experts” radio show, 3-10-2016
    Going forward, I’ll be appearing monthly on the “Ask the Experts” radio show to discuss estate planning, probate, guardianships, elder law, and other related issues. Yesterday, I got there in the nick of time. If it…
Rank this Week: 1448

Musings of a Massachusetts Estate…

Musings of a Massachusetts Estate Lawyer

Focuses on estate planning, probate and corporation law in Massachusetts. By David E. Peterson.

http://blog.deplawfirm.com/
  • Apr 28

    The Dusty Binder: When Good Estate Plans Go Bad

    The Dusty Binder: When Good Estate Plans Go Bad
    Jim and Sally did everything right… or so they thought. They grew up in strong, middle class families, did well in school, and had many friends. Jim had a successful career with a local company, while Sally raised four responsible,…
  • Jan 20

    Four Reasons to Own Life Insurance

    Four Reasons to Own Life Insurance
      Let’s face it: most people are averse to life insurance. For permanent policies, the premiums are high, and the payouts typically don’t happen until you die. Couple that with the fact that many life insurance agents are…
  • Jan 6

    How Wealthy People Avoid Estate Taxe

    How Wealthy People Avoid Estate Taxe
    The Basics The estate and gift tax is a tax on the transfer of wealth from one generation to the next. The tax is levied when a transfer occurs, which by lifetime gift, or upon death. The estate and gift tax rates start low. The Massachusetts…
Rank this Week: 3213

Los Angeles Estate, Probate And…

Los Angeles Estate, Probate And Tax Law Blog

Covers estate planning, tax and probate law. Published by Moravecs, a Professional Law Corporation.

http://losangelesestateprobatelawyer.blogspot.com/
Rank this Week: 1858

Estate Planning Blog

Estate Planning Blog

Provides estate planning thoughts, news and planning ideas. By Gilfix & La Poll Associates LLP.

http://www.gilfix.com/blog/
  • Mar 15

    Gilfix & La Poll attorneys speak at NAELA Summi

    Gilfix & La Poll attorneys speak at NAELA Summi
    Attorneys Michael Gilfix and Mark R. Gilfix of Gilfix & La Poll Associates appeared as featured speakers at two sessions during the 2016 National Academy of Elder Law Attorneys Summit in Newport Beach, California, on January 28 and 29.…
  • Feb 19

    How an IRA Trust can help avert disaster

    How an IRA Trust can help avert disaster
    By Attorney Elijah Keyes A father designated his son and daughter as the beneficiaries of his large retirement account. The daughter’s husband was physically abusive and the couple had been considering divorce. The father was adamant…
  • Feb 17

    Home Care and Financial Abuse

    Home Care and Financial Abuse
    Over 8 million older Americans receive care at home or in facilities by strangers. Some caregivers are trained and managed by home health care agencies. Others are hired privately in an effort to save money. Privately hired caregivers may…
Rank this Week: 4831

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
  • Feb 19

    Avvo Q&A: "Can dad put me on the deed?"

    Avvo Q&A: "Can dad put me on the deed?"
    I will begin syndicating the responses I give to certain estate and probate questions posted on the advice website Avvo. We begin with a question regarding estate planning. I'll place the question here and then my answer after the "read…
  • Feb 17

    A "power of appointment" - what is that?

    A "power of appointment" - what is that?
    The Georgia Supreme Court recently handed down the case of Smith v. Ashford (full text below the break), in which it dealt with a testator's use of a "power of appointment."What is a power of appointment? In estate-planning parlance, a…
  • Jul 6

    Myers v. Myers: Executor may not run estate as his personal busine

    Myers v. Myers: Executor may not run estate as his personal busine
    The Georgia Supreme Court handed down the probate case of Myers, Executor v. Myers, today. In some ways, the case is an unremarkable example of an executor using an estate as a cash cow for his personal expenditures and, among other…
Rank this Week: 2961