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Wills, Trusts & Estates Prof…

Wills, Trusts & Estates Prof Blog

By Gerry W. Beyer.

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

    Article on Taxpayer Guidance Mitigating Tax Compliance Risk

    Article on Taxpayer Guidance Mitigating Tax Compliance Risk
    Jeffrey Anand (Hofstra University School of Law) recently published an article entitled, Virtual Economies Virtually Unregulated: How Clear Taxpayer Guidance Can Mitigate Tax Compliance Risks, 43 Hofstra L. Rev. 253-290 (2014). Provided below…
  • Apr 27

    Estate Planning for Same-Sex Couples in 4 Step

    Estate Planning for Same-Sex Couples in 4 Step
    When creating an estate plan for same-sex couples, there are 4 important steps that an Estate Planner should follow: First, make sure to have all of the basic estate planning documents completed. Second, remember to review all of the…
  • Apr 27

    Minnesota Considering Estate Tax Change

    Minnesota Considering Estate Tax Change
    A big change may be coming to the Minnesota estate tax. Currently, the state's estate tax exemption is set at $1.4 million and will increase to $2 million by 2018. A House bill being considered by Minnesota lawmakers would accelerate...
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/
  • Apr 27

    The New World Order for Lawyers and the Legal Profession(s)

    The New World Order for Lawyers and the Legal Profession(s)
    Ronit Dinovitzer & Bryant Garth, Lawyers and the Legal Profession, (UC Irvine School of Law Research Paper No. 2015-19), available at SSRN.John FloodOne of the main concerns of the authors is the structure of the legal profession in which…
  • Apr 24

    Bricolage Jurisprudence

    Bricolage Jurisprudence
    Brian BixMost people who use the terms at all treat “jurisprudence” and “legal philosophy” as interchangeable terms. In “Why Jurisprudence is Not Legal Philosophy,” Roger Cotterrell argues for a distinct…
  • Apr 22

    Fair Use Safe Harbors?

    Fair Use Safe Harbors?
    Michael C. Donaldson, Refuge From The Storm: A Fair Use Safe Harbor For Non-Fiction Works, 59 J. Copyright Soc’y U.S.A. 477 (2012), available at SSRN.Pam SamuelsonSo much has been written on the fair use case law in the U.S. that…
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/
  • Apr 20

    Tax Court: Will a faith-based arbitration clause disqualify your trust for tax purposes?

    Tax Court: Will a faith-based arbitration clause disqualify your trust for tax purposes?
    Mikel v. Comm’r, T.C. Memo. 2015-64, 2015 WL 1518063 (U.S.Tax Ct. April 6, 2015) We aren’t doing our jobs as estate planners if we don’t anticipate — and plan accordingly for — the structural…
  • Apr 6

    4th DCA: Is a spousal undue influence claim impossible under Florida law?

    4th DCA: Is a spousal undue influence claim impossible under Florida law?
    Blinn v. Carlman, — So.3d —-, 2015 WL 1223665 (Fla. 4th DCA March 18, 2015) (trial-court order) Who bears the burden of proof is often a decisive factor in will contests. Why? Because your single most important witness…
  • Mar 20

    Interview with a Probate Lawyer: Richard L. Pearse, Jr.

    Interview with a Probate Lawyer: Richard L. Pearse, Jr.
    Richard L. Pearse, Jr. of Pearse & Stinson, P.A. in Clearwater, Florida, was on the winning side of Kemp & Associates, Inc. v. Chisholm, an interesting 5th DCA opinion I wrote about here involving a woman’s failed attempt to…
Rank this Week: 329

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: 512

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/
  • 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…
  • Mar 30

    "Was He A Hero?" And Other Questions Surround Chris Kyle's Estate - The American Sniper

    "Was He A Hero?" And Other Questions Surround Chris Kyle's Estate - The American Sniper
    As the movie, American Sniper, enjoys box office success, questions and controversies surround the estate of Chris Kyle. One of his biggest critics is Jesse Ventura, the always-outspoken former professional wrestler and potential presidential…
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/
  • Apr 9

    Last-Minute Estate Planning in North Carolina

    Last-Minute Estate Planning in North Carolina
    Forbes cited a survey in 2014 that revealed 51% of Americans aged 55 to 64 do not have an estate plan. Sometimes a health crisis prompts an individual to create a plan for bequeathing their assets. However, hastily making changes to an estate…
  • Apr 7

    Tax Planning for North Carolina Business Succession

    Tax Planning for North Carolina Business Succession
    While transferring business interests can have tax consequences, structuring a business succession plan with regard to tax law can help minimize tax burdens associated with business transfers to surviving family members when a business owner…
  • Mar 30

    10 Things to Ask Your Accountant: Small Biz Webinar

    10 Things to Ask Your Accountant: Small Biz Webinar
    Our tax attorneys in Chapel Hill recently reviewed the advantages and disadvantages of investing or gifting your tax refund, tax issues when settling an estate, and ways to protect yourself from tax preparer fraud. As the tax season filing…
Rank this Week: 616

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: 716

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: 766

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/
  • 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…
  • Mar 22

    The Importance of Managing Trust Asset

    The Importance of Managing Trust Asset
    A living trust can help provide for both you and your children. Married couples often establish a joint trust to manage their assets during their lifetimes, and when one spouse dies, the other spouse may continue to benefit from the trust. A…
  • Mar 20

    Addressing “Joint” and “Community” Property in Your Estate Plan

    Addressing “Joint” and “Community” Property in Your Estate Plan
    California is a “community property” state. This means any property acquired during a marriage belongs to the spouses equally. In the event of divorce, any community property must be divided between the spouses. Of course, a…
Rank this Week: 929

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • 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…
  • Mar 2

    Court of Appeals to Hear Missing Will Case

    Court of Appeals to Hear Missing Will Case
    The Estate of Robyn Lewis reported in the Watertown Daily Times  presents a state of facts perfect for a bar examination question.  When Robyn Lewis and her husband James Simmons divorced in Texas in 1966, Robyn retained ownership…
Rank this Week: 959

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: 1078

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: 1108

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/
  • Sep 24

    Tax Filing Tips for Same-Sex Couples in Oakland County

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

    Obamacare: GOP’s NEW plan to repeal and replace

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

    Gifts for Caregivers: Music, Magazines and Informative Video

    Gifts for Caregivers: Music, Magazines and Informative Video
    Gifts for caregivers are a great way to show your appreciation of their hard work! By Chris Berry Music is another one of the many wonderful gifts for caregivers. It has been show to help heal, reduce stress, and enhance … Continue…
Rank this Week: 1194

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
  • Apr 20

    Who Are Your Beneficiaries?

    Who Are Your Beneficiaries?
    Who are your beneficiaries? When was the last time you updated your beneficiary designations? If you’re like most Americans, it’s probably been a really long time! Unfortunately that can lead to disastrous results. For example, I…
  • Apr 10

    Can I Rewrite a Deceased Person’s Will?

    Can I Rewrite a Deceased Person’s Will?
    I received a message from someone this week whose husband had passed away seven years earlier leaving a Will that gave all his worldly possessions her. However, she never had the Will probated. I’m not sure what circumstances caused her…
  • Apr 1

    Wacky Wednesday: Wills That Make You Go “Hmmm…”- Harry Houdini

    Wacky Wednesday: Wills That Make You Go “Hmmm…”- Harry Houdini
    NB: This post is part of a series highlighting wills that contain some interesting, and sometimes bizarre, bequests and stipulations. You can see all these posts here. Have you ever gotten a psychic reading? According to a 2005 Gallup Poll,26…
Rank this Week: 1465

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: 1467

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
  • 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…
  • 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…
  • Mar 26

    Coach Dean Smith leaves a small legacy… what will you do?

    Coach Dean Smith leaves a small legacy… what will you do?
    As an estate planning attorney I help clients plan the legacy they will leave. Often it’s simple such as “I leave everything to my children….”  Other times it’s a gift to an old friend, a church, or other…
Rank this Week: 1535

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
  • Apr 14

    BUT YOU AGREED TO MAKE ME THE BENEFICIARY!

    BUT YOU AGREED TO MAKE ME THE BENEFICIARY!
    Whether in the context of a divorce proceeding or when a couple is preparing their estate planning together, some people agree to a contract to subsequently make a Will or Trust that names another as the primary beneficiary.  This…
  • Apr 6

    Probate Creditor Claims in Florida

    Probate Creditor Claims in Florida
    ADDRESSING THE ISSUE OF CREDITOR CLAIMS FROM THE VIEWPOINT OF THE PERSONAL REPRESENTATIVE One of the significant issues a Personal Representative of an Estate needs to address is that of the claims against the Estate by creditors. To…
  • Mar 18

    Exploitation of the Elderly

    Exploitation of the Elderly
    Fla. Stat. § 732.518 provides that “[a]n action to contest the validity of all or part of a will or the revocation of all or part of a will may not be commenced before the death of the testator.”  Essentially
Rank this Week: 1593

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: 1641

Wills and Estate Administration…

Wills and Estate Administration Articles

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

http://njwills.blogspot.com/
  • Apr 20

    SECTION 3-901. SUCCESSORS’ RIGHTS IF NO ADMINISTRATION.

    SECTION 3-901. SUCCESSORS’ RIGHTS IF NO ADMINISTRATION.
    SECTION 3-901. SUCCESSORS’ RIGHTS IF NO ADMINISTRATION. In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisees…
  • Apr 20

    SECTION 3-101. DEVOLUTION OF ESTATE AT DEATH; RESTRICTIONS.

    SECTION 3-101. DEVOLUTION OF ESTATE AT DEATH; RESTRICTIONS.
    SECTION 3-101. DEVOLUTION OF ESTATE AT DEATH; RESTRICTIONS. The power of a person to leave property by will, and the rights of creditors, devisees, and heirs to his property are subject to the restrictions and limitations contained…
  • Apr 20

    SECTION 1-102. PURPOSES; RULE OF CONSTRUCTION.

    SECTION 1-102. PURPOSES; RULE OF CONSTRUCTION.
    SECTION 1-102. PURPOSES; RULE OF CONSTRUCTION. (a) This Code shall be liberally construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of this Code are: (1) to simplify and clarify the…
Rank this Week: 1681

New York Probate and Estate…

New York Probate and Estate Administration Blog

Published by Stephen Bilkis & Associates

http://www.newyorkprobateestateadministration.com/
  • Mar 31

    petitioner Seeks Interpretation of Tax Clause in Will

    petitioner Seeks Interpretation of Tax Clause in Will
    The executors have requested construction of several provisions of Mrs. VK’s will admitted to probate in 1969. IProbate Lawyers said the principal problem concerns the meaning of the tax clause. Since the bulk of the estate consists of…
  • Mar 30

    Petitioner Alleges Decedent's Guardian Failed to File Certain Report

    Petitioner Alleges Decedent's Guardian Failed to File Certain Report
    A Probate Lawyer said that, in a probate proceeding in which the administrator, in effect, petitioned pursuant to SCPA 1809 to determine the validity of certain claims against the estate of the decedent, also known as the petitioner appeals…
  • Mar 29

    Testatrix Intended to Donate Entire Estate to Charity

    Testatrix Intended to Donate Entire Estate to Charity
    A Probate Lawyer said that, this is an appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department (229 App. Div. 809, 242 N. Y. S. 621), entered May 22, 1930, modifying and affirming as modified a…
Rank this Week: 1709

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: 1738

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: 1866

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: 1918

California Trust, Estate & Probate…

California Trust, Estate & Probate Litigation

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

http://www.californiatrustestateandprobatelitigation.com
  • Apr 23

    Can You Escape a California No-Contest Clause?…Probably…

    Can You Escape a California No-Contest Clause?…Probably…
    Under California law, no-cotest clauses in California Trust and Wills have been substantially limited in their applicability.  In most cases they simply will not apply.  But even when a no-contest clause does apply, it may still be…
  • Apr 16

    Top 8 Must Know Facts for Every California Trustee

    Top 8 Must Know Facts for Every California Trustee
    If you are a California Trustee, here are eight must know facts for your to properly administer your Trust and keep yourself safe from any personal liability: 1.  Know Your Duties Being a Trustee is a thankless job.  You owe many…
  • Apr 9

    Can You Prove It? Shifting the Burden of Proof in California Will and Trust Case

    Can You Prove It? Shifting the Burden of Proof in California Will and Trust Case
    Do you have the evidence required to prove your case in Court?  Why not make the other side prove it instead?  Under California law, there are time when you can shift the burden of proof onto your opponent.  In this video,…
Rank this Week: 1958

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: 2149

Florida Probate Litigation Lawyer…

Florida Probate Litigation Lawyer Blog

Cover Florida probate litigation. By Chepenik & Trushin LLP.

http://www.floridaprobatelitigationlawyer.com/
  • Apr 22

    Protecting Your Online Accounts After Death

    Protecting Your Online Accounts After Death
    It is no secret that we are living in a digital world. Our daily lives are spent online paying bills, browsing social media, checking bank accounts, and the list goes on. When you signed up for all of these accounts, you likely did not think…
  • Apr 1

    Why Would You Need a Revocable Living Trust in Florida?

    Why Would You Need a Revocable Living Trust in Florida?
    A will cannot always handle the wide range of issues that arise when planning your estate. A revocable living trust, commonly called a living trust (or “inter vivos trust”), is created during your lifetime and allows you to…
  • Mar 17

    Tips to Avoid Common Pitfalls in Estate Planning

    Tips to Avoid Common Pitfalls in Estate Planning
    You take the time to create an estate plan with the hopes that upon passing, your assets are distributed as you had indicated in your estate plan. Unfortunately, not all estate plans are created equal and consequently, a poorly created…
Rank this Week: 2160

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/
  • Mar 30

    Court Enjoins Trustees from Going to Texas for a “Second Bite at the Apple” to Stop Beneficiaries from Inheriting

    Court Enjoins Trustees from Going to Texas for a “Second Bite at the Apple” to Stop Beneficiaries from Inheriting
    In Levien v Johnson, the New York County Surrogate’s Court recently enjoined the trustees of a testamentary trust from proceeding in Texas to challenge the adoptions of two adults, Parvin Johnson, Jr. and Kenneth Ives, by the grandsons…
  • Feb 19

    In re Lawrence: What the Court of Appeals Says About Gifts from Client to Lawyer

    In re Lawrence: What the Court of Appeals Says About Gifts from Client to Lawyer
    On October 28, 2014, the Court of Appeals rendered its long awaited decision in In re Lawrence, reversing the decision by the Appellate Division in which it was held that (1) a revised retainer agreement, under which the law firm received 40%…
  • Nov 25

    In Terrorem Provisions That Violate Public Policy

    In Terrorem Provisions That Violate Public Policy
    In terrorem clauses generally provide that, where a beneficiary under a testamentary instrument unsuccessfully challenges the instrument’s validity, the beneficiary will forfeit any interests obtained under the instrument. Testators…
Rank this Week: 2171

Texas Probate Litigation

Texas Probate Litigation

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

http://www.txprobatelitigation.com/
  • 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...
  • Nov 6

    In re Estate of Fisher

    In re Estate of Fisher
    In Fisher, the Texarkana Court of Appeals upheld the Harrison County Court at Law's summary judgment dismissal of a will contest. The contestants, the surviving lineal descendants of the decedent, challenged a will made five months before…
Rank this Week: 2203

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: 2323

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: 2412

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
  • 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…
  • Feb 13

    Facebook & Estate Planning

    Facebook & Estate Planning
    Facebook recently announced a limited digital estate planning functionality, called Facebook Legacy Contacts, associated with Facebook accounts: Today we’re introducing a new feature that lets people choose a legacy contact—a…
Rank this Week: 2427

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: 2534

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: 2598

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: 2720

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: 2721

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/
  • 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…
  • Apr 15

    What is Considered Undue Influence in a Long Island Will?

    What is Considered Undue Influence in a Long Island Will?
    A common objection to a will is that someone used undue influence to get the person who died on Long Island to change their will so that it no longer reflected how they wanted their estate be divided after their death. Undue influence, while…
  • Apr 2

    Can a Trust on Long Island be Terminated or Changed?

    Can a Trust on Long Island be Terminated or Changed?
    Are the Terms of a Long Island Trust Permanent? If you are setting up a trust, are a trustee or are a beneficiary of a trust, you may need to know if the trust that you have set up can be modified in some way or cancelled. The answer is not a…
Rank this Week: 2731

New York Probate Lawyer Blog

New York Probate Lawyer Blog

By Jules Martin Haas.

http://www.newyorkprobatelawyerblog.com/
  • Apr 22

    New York Estate Debts Must Be Paid By a Fiduciary

    New York Estate Debts Must Be Paid By a Fiduciary
    Executors and Administrators appointed by the Surrogate’s Court have many duties and responsibilities. New York Estate Lawyers who represent fiduciaries typically assist their clients in connection with determining and paying estate…
  • Apr 15

    New York Kinship Proceedings Require Adequate Proof of Family Relationship

    New York Kinship Proceedings Require Adequate Proof of Family Relationship
    Estate attorneys in New York are familiar with statutes that provide for the distribution of estate assets to a person’s next of kin. These persons are known as distributees.  Estates, Powers and Trusts Law Section 4-1.1 entitled…
  • Apr 8

    A New York Power of Attorney May Not Be Used Improperly To Transfer Bank Account

    A New York Power of Attorney May Not Be Used Improperly To Transfer Bank Account
    Estate Attorneys in New York are familiar with the use of a Durable Power of Attorney to assist with various activities. Sometimes a power is signed by a principal to assist with a specific transaction such as the sale or purchase of real…
Rank this Week: 2750

Atlanta Probate Lawyer Blog

Atlanta Probate Lawyer Blog

Published by The Libby Law Firm.

http://www.atlantaprobatelawyerblog.com/
Rank this Week: 2977

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: 3079

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: 3108

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: 3163

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: 3187