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Wills, Trusts & Estates Prof…

Wills, Trusts & Estates Prof Blog

By Gerry W. Beyer.

http://lawprofessors.typepad.com/trusts_estates_prof/
  • May 30

    Delaware Lawmakers Introduce Bill To Abolish Estate Tax

    Delaware Lawmakers Introduce Bill To Abolish Estate Tax
    Republican lawmakers in the State of Delaware have recently introduced legislation that will get rid of the State’s estate tax. The bill adheres to recommendations made by a state panel that was formed by Democratic Governor Jack Markell.…
  • May 30

    The Most Famous Ongoing Estate Battle

    The Most Famous Ongoing Estate Battle
    Estate battles will be of great interest to those involved but rarely draw much attention from anyone not immediately concerned with the suit. But when the estate is that of a celebrity the interest will be intense with every fact...
  • May 30

    Article On Trust Decanting Without Gain Realization

    Article On Trust Decanting Without Gain Realization
    Jason Kleinman (Herrick, Feinstein LLP) recently published an article entitled, Trust Decanting: A Sale Without Gain Realization, Real Property, Probate and Trust Law Journal, Vol. 49, Winter 2015. Provided below is an excerpt from the…
Rank this Week: 21

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: 219

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/
  • May 29

    Putting Employer-Provided Health Care in Context and Thinking about the Future

    Putting Employer-Provided Health Care in Context and Thinking about the Future
    Brendan S. Maher, Regulating Employment-Based Anything, 99 Minn. L. Rev. (forthcoming 2015), available at SSRN.Amy MonahanEmployer-provided health care occupies an uneasy position within health law. On the one hand, it is the primary source…
  • May 27

    The Effective Early American State

    The Effective Early American State
    Max Edling, A Hercules in the Cradle: War, Money, and the American State (2014).Roman HoyosFor those of us working on the relationship between law and the American state, Max Edling’s first book, A Revolution in Favor of Government, was…
  • May 26

    Not So Schizophrenic: The Founders’ Understanding of Indian Affairs and the Constitution

    Not So Schizophrenic: The Founders’ Understanding of Indian Affairs and the Constitution
    Gregory Ablavsky, Beyond the Indian Commerce Clause, 124 Yale L.J. 1012 (2015).Bethany BergerFederal Indian law fits awkwardly in American constitutional doctrine, so much so that Justice Clarence Thomas has declared it “to say the…
Rank this Week: 264

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/
  • May 26

    California court invalidates power of appointment; disinherited heir gets 1/3 of $55M trust

    California court invalidates power of appointment; disinherited heir gets 1/3 of $55M trust
    Sefton v. Sefton, — Cal.Rptr.3d —-, 2015 WL 1870302 (Cal.App. 4 Dist. April 24, 2015) Assume you have a case involving a $55 million trust created under “Grandfather’s” Will, that provides for a life-time trust…
  • May 22

    2013-14 Probate Court Filing Statistic

    2013-14 Probate Court Filing Statistic
    If you make your living in and around our probate courts you’ll find the FY 2013-14 Probate Court Statistical Reference Guide interesting reading. The chart below provides the “cases filed” data for three of our…
  • May 18

    Come learn about STEP Miami’s new specialized forum for international trusts and estates litigator

    Come learn about STEP Miami’s new specialized forum for international trusts and estates litigator
    I’m one of the volunteers working on bringing this exciting new opportunity to Miami. If you are at all interested in this topic, I encourage you to please RSVP by clicking the “register now” button below and get involved at…
Rank this Week: 328

Utah Estate Planning

Utah Estate Planning

Covers estate planning, probate, trusts and wills in Utah. By Jason C. Hunter.

http://www.utahestateplanning.typepad.com/
  • Aug 22

    The Joy Of Inheriting Appreciated Property

    The Joy Of Inheriting Appreciated Property
    When you inherit property, such as a house or stocks, the property is usually worth more than it was when the original owner purchased it. If you were to sell the property, there could be huge capital gains taxes. Fortunately, when you…
  • Aug 21

    When PODs Go BAD

    When PODs Go BAD
    Are payable on death accounts a simple way to pass assets to heirs or are they a mistake? It sure sounds simple. With a payable on death account or paid on death account, you name a beneficiary who gets the account when you die—no probate,…
  • Aug 20

    QPRT Consideration

    QPRT Consideration
    Among those with wealth primarily concentrated in their home or investment portfolio, there are two types of trusts designed to transfer wealth to heirs and save taxes by removing the assets from the estate. In effect, this reduces the amount…
Rank this Week: 513

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/
  • May 14

    Family Members of B.B. King Are Singing The Blue

    Family Members of B.B. King Are Singing The Blue
    Blues great B.B. King, who is now 89 years old and suffers from diabetes and other health problems, is the subject of a bitter dispute over management of his care and assets. The battle pits his longtime business manager, Laverne Toney,…
  • Apr 23

    Sofia Vergara Lawsuit Teaches Lesson For Couples Using IVF

    Sofia Vergara Lawsuit Teaches Lesson For Couples Using IVF
    It began with an anonymous court filing pitting “John Doe” against “Jane Doe.” It didn’t take long for Jane and John to be identified publicly as Modern Family‘s Sofia Vergara and creator of the Onion…
  • Apr 8

    Celebrity Legacies: Blurred Lines Surround Marvin Gaye Estate

    Celebrity Legacies: Blurred Lines Surround Marvin Gaye Estate
    There's nothing like a hit song to keep heirs dancing down the road to the bank -- even when that song wasn't written, composed, or sung by the celebrity singer who died. The heirs of Marvin Gaye hit it big with a judgment against Robin…
Rank this Week: 527

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/
  • May 29

    New Birth Certificate Guidelines in North Carolina for Same-Sex Couples’ Children

    New Birth Certificate Guidelines in North Carolina for Same-Sex Couples’ Children
    Same-sex couples who have a child in North Carolina could previously only list one parent on the child’s birth certificate. This made administration of additional documentation for the child (Social Security card, school registrations,…
  • May 27

    Covering Retirement v. Leaving Inheritance

    Covering Retirement v. Leaving Inheritance
    Expenses in senior years continue to be a concern for many Americans. As multiple studies show, most individuals do not maintain adequate retirement contributions. As the costs of long-term care (LTC) insurance policies and LTC costs rise,…
  • May 26

    Avoid a Will Dispute

    Avoid a Will Dispute
    An individual’s last will and testament might clearly reflect one’s wishes, but it does not prevent an estate dispute. Successfully contesting a will in North Carolina (and similarly in other states) requires evidence of certain…
Rank this Week: 618

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: 718

All About Estates

All About Estates

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

http://www.allaboutestates.ca/
  • Jun 11

    A medical perspective on Estate matters – a chastened viewpoint

    A medical perspective on Estate matters – a chastened viewpoint
    I am very pleased to join the Allaboutestates blog to add a perspective on the role of the physician in estate matters. I recall vividly the first time I was asked in court: “Dr. Shulman, in your opinion did Mr. X have testamentary…
  • Jun 10

    Who is Your Daddy?

    Who is Your Daddy?
    I think it is safe to say that the concept of “family” is a foundational principle in estate planning. I think it is also safe to say that, when asked, all of us would have a very clear understanding of what is meant by the term…
  • Jun 9

    POA- Personal Care: Part 1/2

    POA- Personal Care: Part 1/2
    My work is with the living. POA’s are critical documents that are designed to support your wishes, while you are alive. Wills deal with your wishes, after you are dead.
Rank this Week: 765

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/
  • May 14

    Showing Proper Respect for Death Certificate

    Showing Proper Respect for Death Certificate
    Gov. Jerry Brown signed into law the “Respect After Death Act.” This law requires persons completing a death certificate to report the deceased person's correct “gender identity.” The law, sponsored by California…
  • May 12

    Understanding Advance Health Care Directives and “Living Wills”

    Understanding Advance Health Care Directives and “Living Wills”
    You often hear the term “living will” used to describe a document outlining a person's wishes in the event they become incapacitated or are otherwise unable to communicate with medical personnel. Actually, a living will is not a…
  • Apr 10

    “Undue Influence” Can Undo Your Estate Planning Intention

    “Undue Influence” Can Undo Your Estate Planning Intention
    Your deathbed is not the right place to make a will or begin the estate planning process. Individuals who are hospitalized or dying are often subject to the undue influence of others. California courts may invalidate a will or other estate…
Rank this Week: 928

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • May 14

    Surrogate Court Delays Getting Worse-Maybe It’s Time To Consider Trust

    Surrogate Court Delays Getting Worse-Maybe It’s Time To Consider Trust
    Nassau County Surrogate Edward McCarty III likes to begin his weekly Wednesday calendar call with a folksy chat to the usually packed courtroom. This week, the judge lamented the recent decision of the state to make new staff cuts of court…
  • Apr 19

    Digital Life After Death, A Question For The Future

    Digital Life After Death, A Question For The Future
    Your lawblogger recently attended a seminar given by Evan Carroll, the author of  “Your Digital Afterlife”,  a book speaking to the growing issues that have arisen as our activities on line have continued to branch out…
  • Mar 31

    Cubs Star Ernie Banks Will Leaving Estate To Caregiver Ruled Valid

    Cubs Star Ernie Banks Will Leaving Estate To Caregiver Ruled Valid
    The Star Tribune has reported today that Ernie Banks, all star shortstop of the Chicago Cubs who died January 23rd at the age of 83 has left his estate to his caregiver Regina Rice. Banks made his will last October and the witnesses reported…
Rank this Week: 948

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: 1065

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: 1104

New Jersey Estate Planning &…

New Jersey Estate Planning & Elder Law Blog

Covers business law and planning, elder law, estate planning, and probate and estate administration. By Deirdre Wheatley-Liss.

http://www.njelderlawestateplanning.com/
  • Apr 2

    Love is Lost - And So is Your Inheritance - Divorce Really Ends Thing

    Love is Lost - And So is Your Inheritance - Divorce Really Ends Thing
    A common plan among our married clients is to leave their property to their spouse, either outright or in trust - oft-referred to as the “I Love You” Will. Sometimes, love is lost and the couple divorces. We recommend our clients…
  • Mar 25

    Personal Injury Damages and Medicaid Liens - SCOTUS Decide

    Personal Injury Damages and Medicaid Liens - SCOTUS Decide
    You have a horrific accident and are looking at a life of extreme medical care.  The accident was caused by another person (drunk truck driver). You get a multi-million dollar award.  Does the state that you live in get a…
  • Mar 25

    Personal Injury Damages and Medicaid Leins - SCOTUS Decide

    Personal Injury Damages and Medicaid Leins - SCOTUS Decide
    You have a horrific accident and are looking a life of extreme medical care.  The accident was caused by another person (drunk truck driver). You get a multi-million dollar award.  Does the state that you live in get a share? First,…
Rank this Week: 1139

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 16

    Court Makes it Easier for DMV to Suspend License After a California DUI

    Court Makes it Easier for DMV to Suspend License After a California DUI
    As if it wasn’t very easy enough for the DMV to suspend a vehicle driver’s certificate following a California DUI arrest. Remember my countless publishing on the uphill and one-sided procedure that is the DMV’s management…
  • May 9

    Why You Need To Work With A Criminal Attorney

    Why You Need To Work With A Criminal Attorney
    To make sure that you get the finest treatment possible, it is crucial that you work with the right criminal protection lawyer to represent you. No matter what you are being asked for with, the appropriate legal representative could make a…
  • May 2

    Why You Must Never Ever Micromanage Your Search Engine Optimization Company

    Why You Must Never Ever Micromanage Your Search Engine Optimization Company
    You’re not obtaining the outcomes you desire from your Search Engine Optimization firm, but you’re not sure exactly just what the trouble is. You even question if it could be you, as well as not the Search Engine Optimization…
Rank this Week: 1187

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
  • May 22

    Who Inherits If The Beneficiary Of My Will Dies Before Me?

    Who Inherits If The Beneficiary Of My Will Dies Before Me?
    Although it’s unpleasant to consider, there is a possibility that those whom you’d like to benefit in your Will may not survive you. For example, you may wish to give all your worldly possessions to your spouse, but he or she may…
  • May 13

    Can A Biological Sibling of an Adopted Child Inherit Under the Texas Intestacy Statute

    Can A Biological Sibling of an Adopted Child Inherit Under the Texas Intestacy Statute
    I recently got a note someone whose biological brother had been given up for adoption while he was a baby. His brother had just died in Texas without a Will. He wondered whether he was entitled to a share of brother’s estate. Section…
  • May 8

    The Top 10 Reasons Why You Need An Estate Plan

    The Top 10 Reasons Why You Need An Estate Plan
    A recent survey found that approximately two-thirds of Americans don’t have a wills, and even fewer have power of attorneys or health care directives. Are you one of them? The survey suggests that the primary reasons why so few have…
Rank this Week: 1470

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/
Rank this Week: 1473

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
  • May 14

    The Pragmatic lawyer

    The Pragmatic lawyer
    I have always considered myself to be reasonable or a good sense of rough justice. A quick opinion of how things should end up. People have called me pragmatic many times during my 20 years as a lawyer. I will admit I didn’t know…
  • May 14

    The Pragmatic lawyer

    The Pragmatic lawyer
    I have always considered myself to be reasonable or a good sense of rough justice. A quick opinion of how things should end up. People have called me pragmatic many times during my 20 years as a lawyer. I will admit I didn’t know…
  • Apr 16

    NEW Heggstad Petition Case

    NEW Heggstad Petition Case
    I got notice a couple weeks ago of a new case to help get Heggstad petitions approved. That is, petitions brought under California probate code section 850. The case is: Ukkestad v. RBS Asset Finance Filed  March 16, 2015, Fourth…
Rank this Week: 1537

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
  • May 26

    Can a contract defeat testamentary intent?

    Can a contract defeat testamentary intent?
    In a word, yes. In a blow to the unwed in the State of Florida, the Fourth District Court of Appeal recently held that an operating agreement entered into by a deceased business owner (the “Decedent”) trumped his stated…
  • May 18

    Tortious Interference with an Expectancy: DeWitt 101

    Tortious Interference with an Expectancy: DeWitt 101
    When is “failure to exhaust probate remedies” properly asserted as an affirmative defense to a tortious interference with an expectancy action?  The answer is almost never.  (Click here for information about the tort…
  • May 8

    Florida Court Determines Wife Unduly Influenced Husband

    Florida Court Determines Wife Unduly Influenced Husband
    Florida law is well established that when a will is challenged on the grounds of undue influence, the influence must amount to over persuasion, duress, force, coercion, or artful or fraudulent contrivances to such an extent that there is a
Rank this Week: 1582

Georgia Wills and Probate Law Blog

Georgia Wills and Probate Law Blog

Features news and thoughts on issues in Georgia regarding wills, advance directives, living wills, healthcare powers of attorney, guardianship, and probate. By Stephen Worrall.

http://www.georgiawillslaw.com/
  • Nov 18

    We're Moving!

    We're Moving!
    I am consolidating the content of all of our blogs at our Georgia Family Law website. Please join us there for new posts and to find all of our old posts.
  • Aug 9

    Atlanta Attorney Says Prepare Now For Year-End Changes to Estate Tax Law

    Atlanta Attorney Says Prepare Now For Year-End Changes to Estate Tax Law
    The expiration of key laws in Congress may expose more local individuals to estate or “Death Taxes” after their passing.  Atlanta attorney, Steve Worrall explains these anticipated changes, as well as steps Georgia residents can take now…
  • Aug 9

    Atlanta Attorney Says Prepare Now For Year-End Changes to Estate Tax Law

    Atlanta Attorney Says Prepare Now For Year-End Changes to Estate Tax Law
    The expiration of key laws in Congress may expose more local individuals to estate or “Death Taxes” after their passing.  Atlanta attorney, Steve Worrall explains these anticipated changes, as well as steps Georgia residents can take now…
Rank this Week: 1647

Wills and Estate Administration…

Wills and Estate Administration Articles

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

http://njwills.blogspot.com/
  • May 28

    SECTION 3-601. QUALIFICATION. uniform probate code

    SECTION 3-601. QUALIFICATION. uniform probate code
    PART 6. PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY SECTION 3-601. QUALIFICATION. Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a…
  • May 28

    SECTION 3-505. SUPERVISED ADMINISTRATION; INTERIM ORDERS; DISTRIBUTION AND CLOSING ORDERS.

    SECTION 3-505. SUPERVISED ADMINISTRATION; INTERIM ORDERS; DISTRIBUTION AND CLOSING ORDERS.
    SECTION 3-505. SUPERVISED ADMINISTRATION; INTERIM ORDERS; DISTRIBUTION AND CLOSING ORDERS. Unless otherwise ordered by the court, supervised administration is terminated by order in accordance with time restrictions, notices and…
  • May 28

    SECTION 3-504. SUPERVISED ADMINISTRATION; POWERS OF PERSONAL REPRESENTATIVE.

    SECTION 3-504. SUPERVISED ADMINISTRATION; POWERS OF PERSONAL REPRESENTATIVE.
    SECTION 3-504. SUPERVISED ADMINISTRATION; POWERS OF PERSONAL REPRESENTATIVE. Unless restricted by the court, a supervised personal representative has, without interim orders approving exercise of a power, all powers of personal…
Rank this Week: 1685

New York Probate and Estate…

New York Probate and Estate Administration Blog

Published by Stephen Bilkis & Associates

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

    Petitioner Alleges Lack of Testamentary Capacity

    Petitioner Alleges Lack of Testamentary Capacity
    A New York Probate Lawyer said the records reveal that in this contested probate proceeding, three motions are before the court. Decedent died and is survived by several brothers and sisters and by an alleged spouse, the objector herein, to…
  • May 13

    Petitioner Seeking Common Law Indemnification in Probate Case

    Petitioner Seeking Common Law Indemnification in Probate Case
    A New York Probate Lawyer said that according to sources, in the instant case, the complainant underwent surgery at a Medical Center, and the deceased served as his anesthesiologist. The anesthesiologist died on October 1, 2002 . On October…
  • May 12

    Court interprets Will Document

    Court interprets Will Document
    A New York Probate Lawyer said that the records reflect that these two cases involves matters of probate which was resolved by the court accordingly. In the first probate proceeding, Paragraph 'Fifth' of testatrix' will reads: 'Enclosed in…
Rank this Week: 1704

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: 1744

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: 1868

Texas Estate Planning and Probate…

Texas Estate Planning and Probate Law

By Gary Howell.

http://texaslawyer.blogspot.com/
  • Nov 21

    The End of the Blog

    The End of the Blog
    This is the last post for the Texas Estate Planning and Probate Law blog. I did my best to try and keep it up, but just found it too difficult to update on a regular basis. In addition, I am leaving the practice of law as of the end of…
  • Nov 1

    Unlimited Charitable Gifts Through the End of 2005

    Unlimited Charitable Gifts Through the End of 2005
    The Hurricane Katrina Emergency Tax Relief Act (KETRA) allows unlimited gifts to charity up to a donor's total income until the end of 2005. This provision also permits unlimited IRA withdrawals and gifts to charity. Under Sec. 301(b)(1)(A),…
  • Oct 2

    Is Repeal of the Estate Tax a Dead Issue?

    Is Repeal of the Estate Tax a Dead Issue?
    Sometime shortly, the Senate is expected to vote on the fate of the estate tax. The House has already voted to repeal the tax; however, several Senators have found it difficult to vote for total repeal. One Senator, Ron Wyden (D-Ore.), who…
Rank this Week: 1888

Estate of Confusion

Estate of Confusion

Covers developments in estate planning and wealth transfer taxes. By Hani Sarji.

http://www.forbes.com/sites/hanisarji/
Rank this Week: 1916

California Trust, Estate & Probate…

California Trust, Estate & Probate Litigation

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

http://www.californiatrustestateandprobatelitigation.com
  • May 28

    Legal Lack of Capacity vs. Eccentricity: What’s the difference in California?

    Legal Lack of Capacity vs. Eccentricity: What’s the difference in California?
    Let’s pretend you have a crazy uncle that only wears pajamas even when going to places outside his home.  He often goes to his neighbors’ houses and offers to buy all of their furniture even though he the furniture is not for…
  • May 21

    Just the Fees Please: How Much Should Your California Trustee Charge?

    Just the Fees Please: How Much Should Your California Trustee Charge?
    Most Trusts allow Trustees to pay themselves “reasonable” fees for the work they do, but what is reasonable?  That depends on the type of Trustee you have.  In this video, Keith Davidson discusses some of the issues…
  • May 14

    Top 5 Must Know Facts for your California Undue Influence Case

    Top 5 Must Know Facts for your California Undue Influence Case
    If you have an undue influence claim, here are the top five things you must consider in bringing your claim in court: 1.  It’s a Two-Headed Monster Starting January 1, 2014, the definition of undue influence was unified under…
Rank this Week: 1939

Mogren Glessner & Roti

Mogren Glessner & Roti

Covers Washington state family law, estate planning, and probate.

http://mgrlaw.blogspot.com/
  • Oct 30

    Passport For Child After Divorce

    Passport For Child After Divorce
    What do you do when you hear your ex-spouse plans to take your children on a vacation out of the country? What do you do? Knowing your legal rights will help put you at east and protect your relationship with your children. To take your…
  • Apr 4

    Compassion and Conviction

    Compassion and Conviction
    The following is a quote I came across from Rick Warren that I find insightful in this age of political correctness:“Our culture has accepted two huge lies. The first is that if you disagree with someone’s lifestyle, you must fear…
  • Oct 3

    Power of Attorney for Adult Children

    Power of Attorney for Adult Children
    Do you have a Power of Attorney for your adult
Rank this Week: 2154

Florida Probate Litigation Lawyer…

Florida Probate Litigation Lawyer Blog

Cover Florida probate litigation. By Chepenik & Trushin LLP.

http://www.floridaprobatelitigationlawyer.com/
  • May 28

    Getting Remarried? Do Not Forget to Update Your Estate Planning Document

    Getting Remarried? Do Not Forget to Update Your Estate Planning Document
    In the United States, about 40 to 50 percent of marriages end up in divorce. It is, therefore, no secret that many people are entering second marriages. As a result, people need to be aware of the estate planning consequences associated with…
  • May 15

    CREATING A VALID WILL IN FLORIDA

    CREATING A VALID WILL IN FLORIDA
    Florida law on the execution of wills makes it clear that not all wills are created equal. One of the most important things to know when drafting your will is the law governing the validity of that document. In Florida, if a will does not…
  • May 5

    STEPCHILDREN & INHERITANCE RIGHTS

    STEPCHILDREN & INHERITANCE RIGHTS
    The number of blended families in America is increasing and with it, so is the need for competent estate planning. As the modern blended family replaces the “traditional” family, tension arises from traditional intestacy laws.…
Rank this Week: 2158

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: 2173

Texas Probate Litigation

Texas Probate Litigation

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

http://www.txprobatelitigation.com/
  • Apr 29

    Court of appeals upholds removal of executor

    Court of appeals upholds removal of executor
    In Estate of Montemayor, the San Antonio Court of Appeals considered a challenge to the probate court's removal of an independent executor. Such removals have become more difficult since the Texas Supreme Court's opinion in Kappus v. Kappus.…
  • Jan 28

    Does the holder of a POA owe a general fiduciary duty to the principal?

    Does the holder of a POA owe a general fiduciary duty to the principal?
    Under Texas law the holder of a power of attorney, as an agent, owes the principal a fiduciary duty. In situations involving a transaction between the agent and the principal, Texas law closely scrutinizes the transaction and places the…
  • Nov 14

    Estate of Hemsley

    Estate of Hemsley
    Sherman Hemsley was a popular actor, known for playing George Jefferson in "All in the Family" and the "The Jeffersons." He was never married and had no children. He died in El Paso in 2012 after a battle with lung...
Rank this Week: 2202

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: 2317

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
  • May 13

    Proposed 1031 Exchange Change

    Proposed 1031 Exchange Change
    WealthManagement.com: The Fiscal Year 2016 Budget proposes a modification of like-kind exchange transactions. As in the Fiscal Year 2015 Budget, the Administration proposes to limit the amount of capital gain deferred under Section 1031 of…
  • Apr 1

    Estate Plan Privacy

    Estate Plan Privacy
    Perhaps one of the most overlooked aspects of a revocable "living" trust is the privacy that it can provide. If you're not familiar the concept of  a living trust, it is a legal document often used in estate planning, either in…
  • Mar 25

    The Achieving A Better Life Experience (ABLE) Act

    The Achieving A Better Life Experience (ABLE) Act
    Late last year President Obama signed the Achieving A Better Life Experience ("ABLE") Act into law. In essence, the ABLE Act can allow individuals with qualifying disabilities or their families to set aside funds for education, housing and…
Rank this Week: 2400

Florida Elder Law and Estate Blog

Florida Elder Law and Estate Blog

Covers Florida estate planning, probate, and construction law issues. By the Law Office of R. Kellen Bryant., P.L.

http://www.eldercarelawjacksonville.com/
Rank this Week: 2410

Minnesota Estate Law

Minnesota Estate Law

Covers Minnesota estate planning and probate. By Vest & Johnson.

http://mnestatelaw.com
  • May 4

    Use Tax Refunds to Get New Busine

    Use Tax Refunds to Get New Busine
    Many clients delay estate planning because they lack liquid funds to pay for it. Yet, right now, millions of Americans are receiving their tax refunds. There is a marketing opportunity  here for the savvy estate planning attorney. Consider…
  • Aug 9

    New Hennepin County probate referees announced

    New Hennepin County probate referees announced
    Hennepin County has announced the addition of two part-time probate referees to replace Bruce Kruger, who has retired. Rumors of these appointments have circulated for a while now, but the official announcement came last week (see text…
  • Jul 15

    Referee Kruger is retiring from Hennepin County’s probate court

    Referee Kruger is retiring from Hennepin County’s probate court
    After 20 years on the bench as one of Hennepin County’s probate referees, Bruce Kruger is retiring. Today, the court sent an announcement of his upcoming retirement party for attorneys and colleagues. The party is scheduled for July 30th…
Rank this Week: 2545

Ohio Estate Planning, Trust &…

Ohio Estate Planning, Trust & Probate Law

Covers Ohio estate planning, trust and probate law. By Bradley B. Wrightsel.

http://wrightsel.blogspot.com/
  • Jan 28

    Quick Overview of 2014 Federal Estate and Gift Tax Amount

    Quick Overview of 2014 Federal Estate and Gift Tax Amount
    The federal estate tax exemption amount is $5,000,000 and is adjusted annually for inflation. This year the exemption amount increases to $5.34 million. This means that a married couple can protect up to $10.68 million. The estate tax rate is…
  • Jan 2

    Avoiding the Fiscal Cliff – Estate Taxe

    Avoiding the Fiscal Cliff – Estate Taxe
    With the Senate tax bill passing the House, it is expected that it will be signed into law. It does not appear that there was a lot of focus on the estate tax. Considering that most tax revenue is generated by the income tax, it is not…
  • Jun 13

    Columbus Bar Association 2012 Annual Meeting

    Columbus Bar Association 2012 Annual Meeting
    This Friday, June 15, at noon is the Annual Meeting of the Columbus Bar Association (CBA). Current CBA President, David Bloomfield will preside and be sworn in as Immediate-Past President. Brad Wrightsel will be sworn in as President, and…
Rank this Week: 2605

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
  • 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 5

    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…
  • Aug 9

    Brief Thoughts On Claims Of Incapacity

    Brief Thoughts On Claims Of Incapacity
                People often question whether a deceased person was mentally capable of executing or changing a will or trust.  Perhaps the person was suffering from dementia at the time.  The legal…
Rank this Week: 2718

Florida Probate Blog -…

Florida Probate Blog - WeProbateFlorida.com

Covers Florida probate administration. By Long H. Duong.

http://weprobateflorida.com
  • Mar 30

    Why You Need Probate to Sell Real Estate

    Why You Need Probate to Sell Real Estate
    Here’s a frequently asked question that deserves a slightly more intricate answer: “I’m clearly a child of (the decedent). Why can’t I just sign a quit claim deed over to myself so I can sell this property?”…
  • Mar 25

    Caution: “Probate Paralegals” on Craigslist

    Caution: “Probate Paralegals” on Craigslist
    Yesterday, I received what was otherwise a routine call about a potential probate case: The caller told me she had hired a “probate paralegal” to prepare the paperwork that she, the caller, would then file the case herself. She…
  • Mar 3

    Got Letters of Administration! What now?

    Got Letters of Administration! What now?
    This is a followup to my previous post on starting Probate in Florida, specifically Formal Administration. The initial push in probate is dedicated to convincing the judge to appoint you as the personal representative (PR) and then issuing…
Rank this Week: 2723

Long Island Estate Planning…

Long Island Estate Planning Questions & Answers

Covers estate planning, probate, wills, trusts, and guardianships. By Albert Gurevich.

http://longislandestatesattorney.com/faqs/
  • May 22

    Is a Long Island Trustee Entitled to Commissions Every Year?

    Is a Long Island Trustee Entitled to Commissions Every Year?
    When someone is appointed trustee, they are taking on a lot of responsibilities. Besides simply making trust payouts, the trustee must also make sure that they do certain things such as making wise investments with the trust principal,…
  • May 8

    Does There Have To Be A Reading Of The Will On Long Island?

    Does There Have To Be A Reading Of The Will On Long Island?
    There is a recurring TV show and movie scene when a character dies, where the family of the decedent gathers in the lawyer’s office, or the lawyer meets with the family, and the deceased person’s will is read in some dramatic…
  • Apr 22

    What is Mental Incompetence for a Long Island Will Contest?

    What is Mental Incompetence for a Long Island Will Contest?
    Understanding Testamentary Capacity Many people assume that because their loved one has mental issues that it meant that they would not have the capability to sign a will. This would be a reasonable assumption considering that one must have a…
Rank this Week: 2737

New York Probate Lawyer Blog

New York Probate Lawyer Blog

By Jules Martin Haas.

http://www.newyorkprobatelawyerblog.com/
  • May 27

    New York Probate Proceedings Require Proper Service of A Citation

    New York Probate Proceedings Require Proper Service of A Citation
    A Probate Proceeding is just one of the many types of proceedings that can be commenced in the New York Surrogate’s Court. Other types of matters include Administration, Kinship and Accounting Proceedings. Each type of matter has its…
  • May 20

    A New York Supplemental Needs Trust Can Protect Assets for An Incapacitated Person

    A New York Supplemental Needs Trust Can Protect Assets for An Incapacitated Person
    When dealing with matters concerning an incapacitated person, one of the primary concerns is finding the resources to pay for the living expenses and care of the individual. New York Guardianship Lawyers must always determine the type of…
  • May 13

    New York Estate Planning Is Needed to Avoid a Will Contest

    New York Estate Planning Is Needed to Avoid a Will Contest
    There are countless articles and advisory papers that have been written in which people are urged to prepare an Estate Plan. The use of advanced planning documents such as a Last Will, Living Will, Power of Attorney, Health Care Proxy and…
Rank this Week: 2739

Atlanta Probate Lawyer Blog

Atlanta Probate Lawyer Blog

Published by The Libby Law Firm.

http://www.atlantaprobatelawyerblog.com/
Rank this Week: 2972

Scott Law Group

Scott Law Group

Covers bankruptcy, probate estates, and general litigation.

http://scottlawgroup.com/
  • Feb 27

    Alimony Reduced Because 18 Year Old Son Lived with Mother. NO WAY says Appellate Court

    Alimony Reduced Because 18 Year Old Son Lived with Mother. NO WAY says Appellate Court
    Transitional Alimony reduced by trial court because mother didn't kick her 18 year old son out of the house. Tennessee Court of Appeals says NO. Reverses decision, reinstates alimony.
  • Dec 12

    Child Pornography Charges Filed Against Sen. Lamar Alexander’s Chief of Staff

    Child Pornography Charges Filed Against Sen. Lamar Alexander’s Chief of Staff
    US Postal Inspection Service arrested Senator Lamar Alexander’s Chief of Staff Ryan Loskarn on charges of possession and distribution of child pornography charges. He has been fired from his job as Chief of Staff.
  • Jun 19

    Arizona Voter Case May Seriously Impact Tennessee Election

    Arizona Voter Case May Seriously Impact Tennessee Election
    The US Supreme Court decision on the Arizona voter case may impact Tennessee election authority by prohibiting enforcement of the requirement to be a US citizen before voting in Tennessee. On June 17, 2013 the US Supreme Court decided the…
Rank this Week: 3071

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
  • Mar 6

    Clarke County Superior Court totally reversed on appeal in trust matter

    Clarke County Superior Court totally reversed on appeal in trust matter
    The superior court judge of Athens-Clarke County apparently totally botched a trust litigation matter, according to the Georgia Court of Appeals. The lower court had determined that a trust's maker (the "settlor") had improperly amended…
  • Feb 25

    Facebook at vanguard of digital inheritance

    Facebook at vanguard of digital inheritance
    Facebook users (of which this firm is not one) have long since realized that their accounts are digital journals of their lives. These records are valuable, not only to users, but to their posterity.  Responding to…
  • 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…
Rank this Week: 3092

Smarter Will Blog

Smarter Will Blog

Provides estate planning and probate news.

http://www.smarterwill.com/estate-planning-news/
  • May 23

    Holographic Wills: Legal in Illinois?

    Holographic Wills: Legal in Illinois?
    Holographic wills (wills that are entirely handwritten) are not generally recognized as valid wills in the state of Illinois. Why? It's not because they're handwritten, but because holographic wills are usually not 'witnessed' properly (the…
  • May 9

    Organ Donation Process in Illinoi

    Organ Donation Process in Illinoi
    Did you know that Illinois has a fairly new organ donation process, and that even if you've registered before to be an organ donor, you may need to re-register under the new system? In 2006 (only 5 years ago), a new Illinois organ donation…
  • Apr 25

    Pulling the Plug: Illinois Law That Make it Possible

    Pulling the Plug: Illinois Law That Make it Possible
    Everyone has the right to live. But does everyone have the right to die? Dying on your own terms (or “pulling the plug”) is a privilege granted at the state level. But it requires advance planning. Every state has different rules on how…
Rank this Week: 3163

Estateography

Estateography

By Alvi Aggarwal.

http://www.estateography.com/
  • Apr 12

    Whether to Qualify as Executor or Administrator of a Virginia Estate

    Whether to Qualify as Executor or Administrator of a Virginia Estate
    When a person dies and has an estate that needs administration, a person has to qualify before the clerk of the court before he/she can do that administering. Being named in the will is not enough. Qualification is the process that gives a…
  • Apr 4

    What Is Probate? What Should I Do about It?

    What Is Probate? What Should I Do about It?
    Probate, Qualification, and Estate Administration Probate, technically, is the process by which a will is accepted as valid by a court (or the clerk of the court). The term is often used more loosely (as I will use it) to also encompass the…
  • Mar 1

    Resigning as Administrator or Executor of a Virginia Estate

    Resigning as Administrator or Executor of a Virginia Estate
    Question: I qualified as an administrator of my aunt's estate. I don't want to be an administrator any more. What can I do? Answer: An administrator (or executor) can resign; however, resigning isn't as easy as qualifying. To resign, a…
Rank this Week: 3170