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Wills, Trusts & Estates Prof…

Wills, Trusts & Estates Prof Blog

By Gerry W. Beyer.

http://lawprofessors.typepad.com/trusts_estates_prof/
  • Jun 27

    Sacramento County Reports a Surge of Elder Financial Abuse

    Sacramento County Reports a Surge of Elder Financial Abuse
    Reports of elder financial abuse in Sacramento County surged to 72% as the public gained awareness of this type of crime and the baby boomer population increased. Technology has made it easier to take advantage of victims with declining…
  • Jun 27

    Article on the Interface Between Marijuana and Estate Planning

    Article on the Interface Between Marijuana and Estate Planning
    Gerry W. Beyer & Brooke Dacus recently published an Article entitled, Puff, the Magic Dragon, and the Estate Planner, 3 Tex. A&M U.J. Prop. L. 1 (2016). Provided below is an abstract of the Article: With the legalization of medical...
  • Jun 27

    Judge Rules No Media Allowed in Prince's Upcoming Probate Hearing

    Judge Rules No Media Allowed in Prince's Upcoming Probate Hearing
    The judge overseeing Prince’s estate case will not allow media company attorneys to intervene in the upcoming hearing. He denied the media’s request for the Monday probate hearing to determine inheritance rights but left open the…
Rank this Week: 22

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/
  • 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…
  • May 4

    Prince – Estate planning

    Prince – Estate planning
    Like many deaths, the death of the legendary pop star Prince came as a shock and surprise for the world.  What shocked estate planning attorneys even more so is the possibility that Prince may have died without a will or an estate plan,…
  • May 4

    Prince – Estate planning

    Prince – Estate planning
    Like many deaths, the death of the legendary pop star Prince came as a shock and surprise for the world.  What shocked estate planning attorneys even more so is the possibility that Prince may have died without a will or an estate plan,…
Rank this Week: 224

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/
  • Jun 27

    Star Wars, Science Fiction and the Constitution

    Star Wars, Science Fiction and the Constitution
    Cass R. Sunstein, The World According to Star Wars (2016).Ilya SominCass Sunstein is one of America’s leading legal scholars. Both his work generally and his book about Star Wars specifically have attracted enormous attention from both…
  • Jun 24

    Thinking About Monitoring

    Thinking About Monitoring
    Veronica Root, Modern-Day Monitorships, 33 Yale J. on Reg. 109 (forthcoming 2016), available at SSRN.D. Gordon SmithThe study of organizational compliance is now proliferating in American law schools. Over the past decade, new courses, new…
  • Jun 23

    Saving Auer

    Saving Auer
    Cass R. Sunstein and Adrian Vermeule, The Unbearable Rightness of Auer, U. Chi. L. Rev. (forthcoming 2016), available at SSRN.William FunkIn 1945 the Supreme Court decided the case of Bowles v. Seminole Rock & Sand Co., in which it stated…
Rank this Week: 266

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/
  • Jun 14

    The 35th Annual Attorney Trust Officer Liaison Conference

    The 35th Annual Attorney Trust Officer Liaison Conference
    I’m going to be one of the speakers at next week’s 35th Annual Attorney Trust Officer Liaison Conference. The organizers have put together a great program. If you’re able to attend, you should. It’ll be time well…
  • Jun 6

    4th DCA says no to criminalizing inheritance litigation; reverses 7-year prison sentence

    4th DCA says no to criminalizing inheritance litigation; reverses 7-year prison sentence
    Franke v. State, — So.3d —-, 2016 WL 358614 (Fla. 4th DCA January 27, 2016)  As lawyers, one of our jobs is anticipating the “worst case scenario” and counseling our clients appropriately. For trusts and estates…
  • May 31

    How to litigate deed-to-trust cases in Florida

    How to litigate deed-to-trust cases in Florida
    Just because a deed says property’s being transferred to a “trustee” doesn’t make it so. If the deed doesn’t comply with F.S. 689.07′s disclosure requirements, the named trustee is deemed to own the…
Rank this Week: 316

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

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: 523

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: 619

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…
  • 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…
Rank this Week: 733

All About Estates

All About Estates

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

http://www.allaboutestates.ca/
  • Jun 27

    Estate Trustee During Litigation – A Refresher from the STEP 2016 National Conference

    Estate Trustee During Litigation – A Refresher from the STEP 2016 National Conference
    The reality is, with the impending transfer of one of the largest amounts of wealth in our history from one generation to the next, we are likely to see a continued up-tick in estate litigation. Along with that there will be the increased…
  • Jun 24

    Can an executor act as a witness to a Will?

    Can an executor act as a witness to a Will?
    Two witnesses are sometimes hard to find. In a pinch, could an individual who is appointed as an executor under a Will act as a witness to that Will? In Ontario, the rules governing the formalities of Wills, including the eligibility of…
  • Jun 23

    The Force is Ageing

    The Force is Ageing
    Are you one of 35% of employed Canadians providing care to a family member or friend? Feeling stressed and overwhelmed? Need help finding 'the balance'? There are some resources that can assist.
Rank this Week: 752

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • Feb 1

    Executors Should Beware Of Serious Pitfall

    Executors Should Beware Of Serious Pitfall
    Today’s Wall Street Journal contains a worthwhile but cautionary article about the pitfalls that can face even the most well-meaning executor. As you will see, a lot of the decisions an executor must make need to be made…
  • Jan 31

    David Bowie’s Will Filed In Manhattan Surrogate’s Court — His Estate Valued At 100 Million Dollar

    David Bowie’s Will Filed In Manhattan Surrogate’s Court — His Estate Valued At 100 Million Dollar
    The Will of David Robert Jones was filed earlier this month in New York County Surrogate’s Court giving the value of his estate at 100 million dollars. Not familiar with David Robert Jones? As the New York Times reported, He was far…
  • Jul 20

    Application To Withdraw Waiver Consenting To Probate Denied By Brooklyn Surrogate

    Application To Withdraw Waiver Consenting To Probate Denied By Brooklyn Surrogate
    Prior to the commencement of a probate proceeding or an administration proceeding, the attorney for the estate will normally send a waiver consenting to the admission of the will to probate or to the appointment of an administrator to all…
Rank this Week: 854

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/
  • Jun 27

    Estate Planning, Charitable Pledges, and Community Property

    Estate Planning, Charitable Pledges, and Community Property
    Many people pledge money to charity as part of their estate planning. In California, charitable pledges are generally not enforceable in court unless the donor receives some consideration, thereby creating a binding contract. For example, if…
  • Jun 26

    Should My Estate Plan Be Digital?

    Should My Estate Plan Be Digital?
    For many of us the “paperless office” is a reality. Our personal and professional lives reside online through our laptops, smart phones, and cloud storage. But what does this mean for our estate planning? Recently, an article on…
  • Jun 25

    What Happens if the Beneficiaries Named in My Will Die Before I Do?

    What Happens if the Beneficiaries Named in My Will Die Before I Do?
    When making a last will and testament, you may assume that the beneficiaries you name will outlive you. Of course, that is not always the case. So what happens, for example, if you leave your brother $10,000 in your will and he dies before…
Rank this Week: 904

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: 950

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: 1047

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: 1133

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: 1144

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
  • Jun 17

    Before You Pack

    Before You Pack
    My family is going on vacation the end of June. It’s a trip we’ve been planning for more than six months, and we’re looking forward to all the adventures that lie ahead. But something has been weighing on me. It’s been…
  • Jun 6

    Estate Planning for Your Graduate

    Estate Planning for Your Graduate
    If you are the parent of a high school senior who has recently graduated, you’re probably feeling a whirlwind of emotion right now. Just thinking about the fact that I will be in your place in a couple of years makes my heart beat a bit…
  • May 27

    Is A Will Valid if the Testator signed the Will Several Days Before the Witnesses?

    Is A Will Valid if the Testator signed the Will Several Days Before the Witnesses?
    Section 251.051 of the Texas Estates Code provides that a last will and testament must be in writing; signed by the testator in person (or another person on behalf of the testator in his presence and under his direction); and attested by two…
Rank this Week: 1430

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

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
  • 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…
  • Apr 1

    Lessons from mom on estate planning

    Lessons from mom on estate planning
    It’s only been three weeks, to the day, since my mom died and I have a few thoughts on what I have learned in regard to her estate planning matters. Some things done right and things not done right. VICTORY: My mom named me as…
  • Mar 29

    Losing a loved one

    Losing a loved one
    We have all lost a loved one… or will eventually lose a loved one. Losing a loved one is hard there is no question. It is a sad reality of life though.  I lost my dad when I was 14. I remember it well of course.  My mom was a…
Rank this Week: 1471

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: 1528

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.
  • 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…
Rank this Week: 1612

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

New York Probate and Estate…

New York Probate and Estate Administration Blog

Published by Stephen Bilkis & Associates

http://www.newyorkprobateestateadministration.com/
  • Jun 27

    Petitioner Brings Case for Full and Final Settlement of Account

    Petitioner Brings Case for Full and Final Settlement of Account
    A New York Probate Lawyer said that this is a proceeding brought before the Surrogate’s Court, Kings County for judicial settlement of the first and final account of proceedings of the CM Bank, National Association, as trustee under…
  • Jun 26

    Petitioner Brings Will Construction Case to Court

    Petitioner Brings Will Construction Case to Court
    A Kings County Will Contest Lawyer said that, the two subscribing witnesses testified to the due execution of decedent’s holographic will and to her testamentary capacity at the time of the execution; that the last page of the…
  • Jun 25

    Contestant Made Application for Order Vacating Demand for Bill of Particular

    Contestant Made Application for Order Vacating Demand for Bill of Particular
    A New York Estate Lawyer said that, the contestant has made application to the Court for an order vacating and setting aside the proponent’s demand for a bill of particulars, or in the alternative, modifying said demand, and for such…
Rank this Week: 1642

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: 1713

California Trust, Estate & Probate…

California Trust, Estate & Probate Litigation

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

http://www.californiatrustestateandprobatelitigation.com
  • Jun 21

    The Buck Stops…Where? California Trustees duty NOT to delegate

    The Buck Stops…Where? California Trustees duty NOT to delegate
    Funny thing about Trustees, they are expected to seek help, just not too much help.  Generally, Trustees are not allowed to delegate their duties (see Probate Code section 16012).  The rules state that anything the Trustee can…
  • Jun 7

    Duty to Defend: A California Trustee must defend the Trust

    Duty to Defend: A California Trustee must defend the Trust
    As Trustee, you have a duty to defend the Trust in actions and lawsuits filed against it. This duty is the flip side of a Trustee’s duty to enforce claims, where a Trustee must sue to enforce a debt owed to the Trust. The duty to defend…
  • May 24

    When You Must Sue: Trustees’ Duty to Enforce Claim

    When You Must Sue: Trustees’ Duty to Enforce Claim
    You have no duty to sue, it’s true. If someone owes you money and you don’t want to go to the trouble of collecting it, or suing for it, you have the right to just let it go by the wayside. It ‘s your money and you have the…
Rank this Week: 1823

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: 1849

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: 1881

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: 1898

Florida Probate Litigation Lawyer…

Florida Probate Litigation Lawyer Blog

Cover Florida probate litigation. By Chepenik & Trushin LLP.

http://www.floridaprobatelitigationlawyer.com/
  • Jun 24

    B.B. King, a music legend – Undue Influence and Capacity in real life

    B.B. King, a music legend – Undue Influence and Capacity in real life
    B.B. King Estate Fight: One Year Later and No End in Sight Legendary blues musician B.B. King passed away on May 14, 2015 due to congestive heart failure at the age of 89.  In a will created in 2007, King named his longtime business…
  • Jun 20

    Personal representative designation in Last Will and Testament – Convicted Felon

    Personal representative designation in Last Will and Testament – Convicted Felon
    Florida Limitation on Convicted Felons Serving as Personal Representatives in Probate Administration When contemplating preparing a last will and testament, there are many options that have to be considered before drafting can begin. One…
  • Jun 14

    When Wills mean Busine

    When Wills mean Busine
    When Wills Mean Business: Planning for Your Business’s Future Planning for the future is not only necessary in your personal life, but also in your professional life, especially if you either own a business or invest in a business.…
Rank this Week: 2074

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: 2097

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/
  • Jun 23

    Court Denies Motion to Dismiss Turnover Proceeding as Time Barred

    Court Denies Motion to Dismiss Turnover Proceeding as Time Barred
    A recent decision of the Kings County Surrogate’s Court demonstrates the importance of thoroughly analyzing all aspects of a statute of limitations defense prior to making a dismissal motion. In Matter of Coiro, the court denied such a…
  • May 23

    Representation of Charities by the Attorney General

    Representation of Charities by the Attorney General
    Many estate practitioners are familiar with contested matters in which a charity interested in the proceeding is cited, as is the Attorney General, and both the Attorney General and private counsel for the charity appear in the proceeding. In…
  • Mar 17

    Contingency Fees – Size Matter

    Contingency Fees – Size Matter
    While the Court of Appeals last year upheld the validity of contingency fee agreements in estate matters, particularly in litigation, where it approved contingency fees of over forty million dollars when the actual time spent was a fraction…
Rank this Week: 2105

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: 2117

Texas Probate Litigation

Texas Probate Litigation

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

http://www.txprobatelitigation.com/
  • 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...
  • Feb 27

    In re Estate of Parrimore: Court of appeals upholds factual findings regarding capacity and undue influence

    In re Estate of Parrimore: Court of appeals upholds factual findings regarding capacity and undue influence
    Texas appellate courts are generally reluctant to overturn trial court factual findings regarding testamentary capacity and undue influence. In re Estate of Parrimore, from the Houston 14th Court of Appeals, is an example. Parrimore involved…
Rank this Week: 2149

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 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…
  • Apr 26

    Candidates' Proposed Estate Tax Plan

    Candidates' Proposed Estate Tax Plan
    Robert Woods, writing for Forbes: Under current law, estates worth $5.45 million or less are exempt from federal estate tax. Beyond that, you pay. Call it an estate tax, a death tax, or a tax on accumulated wealth. Whatever you call it, it…
  • Apr 14

    Bernie Sander's Estate Tax Plan

    Bernie Sander's Estate Tax Plan
    Ashlea Ebeling, reporting for Forbes: The Sanders bill, a rewrite of a bill he introduced in 2010—the year the estate tax lapsed under the Bush tax cuts — would exempt the first $3.5 million on an individual’s estate from…
Rank this Week: 2266

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: 2324

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: 2549

New York Probate Lawyer Blog

New York Probate Lawyer Blog

By Jules Martin Haas.

http://www.newyorkprobatelawyerblog.com/
  • Jun 15

    New York Inheritance By a Non-Marital Child Can Be Complicated

    New York Inheritance By a Non-Marital Child Can Be Complicated
    When a person dies without a Last Will he is said to have died intestate. As in all estate matters, a paramount issue is the determination of the decedent’s next of kin or distributees. The New York Probate Lawyer Blog has published…
  • Jun 8

    New York Joint Bank Accounts Can Result in Estate Litigation

    New York Joint Bank Accounts Can Result in Estate Litigation
    One of the fundamental aspects of estate planning and settling an estate is determining the nature of a person’s assets. When planning an estate a New York City Estate Attorney typically examines the ownership of various types of…
  • Jun 1

    New York Guardianship Proceedings: What You Can Expect

    New York Guardianship Proceedings: What You Can Expect
    There are many situations where the appointment of a Guardian in New York is a necessary and helpful event.  The New York Probate Lawyer Blog has discussed various aspects of Guardianship Law in earlier posts.  Article 81 of the New…
Rank this Week: 2593

Florida Probate Blog -…

Florida Probate Blog - WeProbateFlorida.com

Covers Florida probate administration. By Long H. Duong.

http://weprobateflorida.com
  • Nov 9

    The Problem with Florida Probate Form

    The Problem with Florida Probate Form
    Every now and again, we are asked where forms can be downloaded. I honestly don’t know the answer because our forms are from a repository that caters only to attorneys. The problem with Florida probate forms is that they are designed…
  • 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…
Rank this Week: 2631

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: 2666

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/
Rank this Week: 2682

Atlanta Probate Lawyer Blog

Atlanta Probate Lawyer Blog

Published by The Libby Law Firm.

http://www.atlantaprobatelawyerblog.com/
Rank this Week: 2893

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: 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: 2975

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: 2997

Estateography

Estateography

By Alvi Aggarwal.

http://www.estateography.com/
  • Jul 7

    What's a Credit Shelter Trust? Portability?

    What's a Credit Shelter Trust? Portability?
    The estate tax exemption amount is the amount that the federal government allows you to leave to your kids, grandkids, and people other than your spouse and charity without paying estate tax. In 2015, that amount is $5.43 million. The amount…
  • Jun 28

    Legacy Letters And Ethical Will

    Legacy Letters And Ethical Will
    Across history and cultures, people have been writing letters to descendants to share wisdom, preserve traditions, record family history, explain, and inspire. These letters have been called different things, but today they're most commonly…
  • Jun 21

    Who Should I Name As My Executor?

    Who Should I Name As My Executor?
    Your executor will be responsible for dealing with your probate estate (i.e., the assets passing under your will) after your death. An executor’s responsibilities include things like finding and inventorying your assets (including the…
Rank this Week: 3094

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: 3211