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Wills, Trusts & Estates Prof…

Wills, Trusts & Estates Prof Blog

By Gerry W. Beyer.

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

    Article on Schedularity in the Tax System

    Article on Schedularity in the Tax System
    Henry Ordower (Saint Louis University School of Law, Professor of Law) recently published an article entitled, Schedularity in U.S. Income Taxation and Its Effect on Tax Distributions, 108 Nw. L. Rev. 767, 905-924 (2014). Provided below is…
  • Oct 25

    Trust Reformation

    Trust Reformation
    In Private Letter Ruling 201442046 (Oct. 17, 2014), the Internal Revenue Service held that a reformation of a trust to correct scrivener’s errors triggered remainder interests to be completed gifts and consequently, a trust’s assets would…
  • Oct 25

    Community Memorial Service

    Community Memorial Service
    Funerals and memorial services are a popular way in our culture to say good bye to departed loved ones and begin the process of continuing life without them. Some hospitals and hospice facilities also offer community memorial services as…
Rank this Week: 135

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/
  • Oct 24

    Reenvisioning DRR as a Two-Stage Interpretive Tool for Determining the Testator’s Probable Intent

    Reenvisioning DRR as a Two-Stage Interpretive Tool for Determining the Testator’s Probable Intent
    Richard F. Storrow, Dependent Relative Revocation: Presumption or Probability?, 48 Real Prop. Tr. & Est. L.J. 497 (2014), available at SSRN.Michael YuProfessor Richard F. Storrow’s comprehensive article about the doctrine…
  • Oct 22

    Tort Liability as Compensation

    Tort Liability as Compensation
    Mark Gesitfeld, Compensation as a Tort Norm, in Philosophical Foundations of the Law of Torts (John Oberdiek ed., 2014).Gregory KeatingFor more than a decade, Mark Geistfeld has been developing an original and sophisticated theory of…
  • Oct 21

    Evaluating the Efficacy of Nonmonetary Tax Penaltie

    Evaluating the Efficacy of Nonmonetary Tax Penaltie
    Joshua D. Blank, Collateral Compliance, 162 U. Pa. L. Rev. 719 (2014).Kristin HickmanMonetary penalties for noncompliance are a routine feature of the tax laws. The tax literature includes extensive debate over different ways of structuring…
Rank this Week: 617

Florida Probate Litigation

Florida Probate Litigation

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

http://www.flprobatelitigation.com/
Rank this Week: 285

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/
  • Oct 20

    Could The Amanda Bynes Dilemma Happen In Your Family?

    Could The Amanda Bynes Dilemma Happen In Your Family?
    The struggles of former child actress, Amanda Bynes, have been well-documented. She had numerous brushes with the law, including repeated drunk driving and other drug and alcohol-related charges, reported shoplifting attempts, and even more…
  • Oct 7

    Dispute Over Where To Bury Casey Kasem Teaches Lesson

    Dispute Over Where To Bury Casey Kasem Teaches Lesson
    The famed American Top 40 Countdown DJ passed away in June, at age 82, with a host of medical problems including advanced Lewy Body dementia. Now, almost four months later, Casey Kasem’s remains still have not been laid to rest.…
  • Sep 30

    Tom Clancy Estate In Family Fight Due To Poor Estate Planning

    Tom Clancy Estate In Family Fight Due To Poor Estate Planning
    Anyone who knows who CIA analyst Jack Ryan is likely appreciates the work of late author Tom Clancy. Called the "father of the techno-thriller," Clancy's career took off with his first novel, The Hunt for Red October. His career -- spawning…
Rank this Week: 445

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
  • Oct 8

    4 Ways to Protect Your Intellectual Property

    4 Ways to Protect Your Intellectual Property
    In the United States, there are four principal ways in which a person or business can protect intellectual property, however, not all types of protection are available for all property types. The infographic below briefly describes each of…
  • Sep 16

    U.S. Federal Trademark Filing

    U.S. Federal Trademark Filing
    In 2013, more than 300,000 trademarks and service marks were filed across 45 different classes of goods and services with the United States Patent & Trademark ("USPTO"); however, less than 200,000 trademarks were registered by the USPTO…
  • Aug 29

    ALS Association Ice Bucket Challenge Trademark Filing

    ALS Association Ice Bucket Challenge Trademark Filing
    The ALS Association has filed an application to register a federal trademark for "Ice Bucket Challenge", the viral sensation that has swept the nation this summer. Although most Americans likely associate "Ice Bucket Challenge" with the ALS…
Rank this Week: 567

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • Sep 15

    Not Everybody Needs A Trust

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

    Not Everybody Needs A Trust

    Not Everybody Needs A Trust
    Every Spring, when the snowbirds have returned to New York, your lawblogger gets a rash of inquiries about trusts. Some folks are absolutely insistent but don’t really have a good explanation for this. I usually ask at this point which…
  • Aug 23

    Power Of Attorney Not Always Easy To Use

    Power Of Attorney Not Always Easy To Use
    An article in today's New York Times sheds some interesting light on powers of attorney and their sometimes unforeseen drawbacks. Your lawblogger thinks it is well worth a look.
Rank this Week: 390

Spencer Law Firm Blog

Spencer Law Firm Blog

Covers probate and estate planning in Pennsylvania.

http://www.pennsylvaniatrustsandestates.com/
  • May 12

    Estate Planning and Portability

    Estate Planning and Portability
    The American Taxpayer Relief Act of 2012 (ATRA), which tried to keep us from going over the "fiscal cliff," raised the federal estate tax exemption to $5.25 million and made permanent an estate tax concept called…
  • Apr 25

    Seminar: How to Prepare Fiduciary Accounts and Avoid Common Trap

    Seminar: How to Prepare Fiduciary Accounts and Avoid Common Trap
    Don't miss the PBI seminar on How to Prepare Fiduciary Accounts and Avoid Common Traps next Thursday May 1, 2014 at the CLE Conference Center, Wanamaker Building, Philadelphia. Register here:…
  • Dec 22

    It's Not Too Late - Get Your 2013 Deductions for Charitable Giving

    It's Not Too Late - Get Your 2013 Deductions for Charitable Giving
    It's Not Too Late - Get Your Deductions for Charitable Giving I resolved to stop accumulating and begin the infinitely more serious and difficult task of wise distribution. - Andrew Carnegie At the end of the calendar year, many people...
Rank this Week: 351

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/
  • Oct 25

    Access to One’s Digital Estate

    Access to One’s Digital Estate
    More states are starting to address a growing area of an individual’s estate: Digital assets. Last year North Carolina amended the durable power of attorney and estate administration laws to include power to manage digital assets. This…
  • Oct 23

    Protecting IRA Assets for Beneficiaries: IRA Beneficiary Trust

    Protecting IRA Assets for Beneficiaries: IRA Beneficiary Trust
    Earlier this year the Supreme Court ruled in Clark v. Rameker that inherited retirement accounts are subject to bankruptcy claims. As a result of this ruling, Individual Retirement Account (IRA) owners are taking steps to ensure assets…
  • Oct 20

    Gifting Trends Among Wealthy

    Gifting Trends Among Wealthy
    How and why individuals choose to donate to charities are influenced by several factors. Tax incentives for charitable giving are believed to be driving gifting trends, but there are also personal values and family legacies to consider.…
Rank this Week: 1356

Northern California Center for…

Northern California Center for Estate Planning and Elder Law

Covers estate planning.

http://www.norcalplanners.com/blog/
  • Oct 24

    What Is a TOD or POD Account?

    What Is a TOD or POD Account?
    People often look for so-called “simple solutions.” They hear about some type of shortcut that sounds good on the surface, and they buy into the notion hook, line, and sinker. In many cases, the results are not good. With the…
  • Oct 23

    What Is a Family Limited Partnership?

    What Is a Family Limited Partnership?
    People often say that we live in a litigious society. Lawsuits are common, and people who like to sue others tend to seek out targets with deep pockets. As a result, certain people are particularly vulnerable to lawsuits. Landlords who own…
  • Oct 22

    What Is Joint Tenancy?

    What Is Joint Tenancy?
    People sometimes look for shortcuts that seem attractive on the surface, and this enters into the realm of estate planning. Joint tenancy is one of the shortcuts that you should understand thoroughly. You may want to take pause…
Rank this Week: 1657

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
  • Oct 24

    Would You Choose Physician-Assisted Suicide If You Had A Terminal Illness?

    Would You Choose Physician-Assisted Suicide If You Had A Terminal Illness?
    While standing in line at the grocery store a few days ago, the cover of People magazine caught my eye. It was a photograph of Brittany Maynard, a 29 year-old woman with terminal brain cancer who has made a controversial choice to take her…
  • Oct 17

    Who Are My Heirs If I Am Single And Die Without A Will?

    Who Are My Heirs If I Am Single And Die Without A Will?
    I explained last week that an heir is a person who will inherit your property by virtue of a state’s intestacy laws if you die without a Will. The Texas intestacy statutes are essentially a Will that the state of Texas writes for you.…
  • Oct 10

    Is There A Difference Between A Beneficiary And An Heir?

    Is There A Difference Between A Beneficiary And An Heir?
    The words “Beneficiary” and “Heir” are often used interchangeably, but each word has a very specific legal definition. A beneficiary is someone who benefits from the transfer of property, such as by a Will or a Trust.…
Rank this Week: 3973

Mendel Law Firm Blog

Mendel Law Firm Blog

Covers estate planning.

http://www.mendellawfirm.com/blog/
  • Oct 24

    Famous Estates – Legacy Champ or Chump?

    Famous Estates – Legacy Champ or Chump?
    John Denver (1943-1997) – Musician, Singer, Songwriter & Activist Henry John Deutschendorf, Jr., known professionally as John Denver, was an American singer, songwriter, activist, and humanitarian. Denver began his music career in…
  • Oct 22

    Thought for the Day:

    Thought for the Day:
    It is not what you do for your children, but what you have taught them to do for themselves, that will make them successful human beings. Ann Lander
  • Oct 22

    Hidden Gold and Intestate Succession

    Hidden Gold and Intestate Succession
    We have told you before that under the laws of Intestate succession your estate is distributed to your closest living relatives if you pass away without an estate plan or at least a Will. However, what we haven’t told you is that it is…
Rank this Week: 1658

New York Probate and Estate…

New York Probate and Estate Administration Blog

Published by Stephen Bilkis & Associates

http://www.newyorkprobateestateadministration.com/
  • Oct 23

    Court Looks at Motion to Vacate

    Court Looks at Motion to Vacate
    A New York Probate Laywer said on 17 June 2007, seven months after executing her will, the decedent, AB, died. Her husband predeceased her in 2001, and she never had any children, biological or adopted. The decedent was survived by six…
  • Oct 22

    Court Decides Motion to Vacate Will

    Court Decides Motion to Vacate Will
    A New York Probate Lawyer this is a proceeding where JPM Bank (JPM), co-executor, moved pursuant to CPLR §5015(a)(2) to vacate the decree admitting to probate the decedent's will dated 24 June 2005 (2005 Will) due to newly discovered…
  • Oct 14

    Summary Judgment Motion Filed Based on Testamentary Capacity

    Summary Judgment Motion Filed Based on Testamentary Capacity
    A New York Probate Lawyer said in this Will Contest proceeding, the decedent died in May 2006, survived by his wife and their two children, the proponent and the objectant. The wife suffers from Alzheimer's disease. Her cousin and an…
Rank this Week: 3023

Berk & Moskowitz P.C. Blog

Berk & Moskowitz P.C. Blog

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

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

    Elder Abuse Is Everyone’s Concern

    Elder Abuse Is Everyone’s Concern
    Abuse of the most vulnerable of society is a concern for everyone. And when an elderly loved one is the victim, you may be left confused about the steps you should take to extract the elder from the abusive situation and make sure that he or…
  • Oct 9

    Nursing Home Abuse Warning Sign

    Nursing Home Abuse Warning Sign
    The unfortunate truth is that the nursing facilities that are supposed to serve and protect some of the most vulnerable members of society are sometimes the perpetrators of that abuse. Sometimes profit motive drives the abuse: short staffing…
  • Sep 23

    Learn about the First North American Urban Civilization at the Deer Valley Rock Art Center

    Learn about the First North American Urban Civilization at the Deer Valley Rock Art Center
    For a fascinating exhibit about the city of Teotihuacán, North America’s first urban civilization, visit Phoenix’s Deer Valley Rock Art Center. Predating the Aztecs, Teotihuacán was a city in central Mexico that…
Rank this Week: 4468

Law Office of Andrew M. Lamkin,…

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

Covers elder law.

http://lamkinelderlaw.com/articles/
  • Oct 23

    How to Discuss Estate Planning with Your Family

    How to Discuss Estate Planning with Your Family
    Estate planning is often regarded as an issue better left untouched. Broaching the topic of death is understandably difficult for some people. Despite how it sounds, however, there are positives to discussing estate planning as a family. What…
  • Oct 16

    Ten Ways to Prepare for a Successful Retirement

    Ten Ways to Prepare for a Successful Retirement
    There is no better time than the present to start planning for your future. Although it can be confusing and stressful, with patience and discipline you can achieve a successful retirement plan. You cannot depend on Social Security or a…
  • Oct 7

    Ways to Help Beat the Loneliness of Your Aging Parent

    Ways to Help Beat the Loneliness of Your Aging Parent
    More than likely you have plans for what you are going to do tonight, tomorrow, the weekend, and even maybe a vacation a few months off. Do your parents? As your parents aged, they may have drawn away from social groups and friends they once…
Rank this Week: 1880

German Law Group Blog

German Law Group Blog

Covers estate planning.

http://www.germanlawgroup.com/
  • Oct 23

    Are Revocable Living Trusts Only for the Wealthy?

    Are Revocable Living Trusts Only for the Wealthy?
    Legal advice is invaluable when you are planning your estate, because people who are not aware of all the facts sometimes harbor misconceptions. One of them is the idea that trusts are only useful for the wealthy. There are trusts that are…
  • Oct 21

    What Is a Guardianship?

    What Is a Guardianship?
    Far too many people procrastinate when it comes to estate planning. Some older adults are remiss, but procrastination is more common among younger people. Unfortunately, people of all ages pass away every day. You never know what the future…
  • Oct 16

    How Long Does the Probate Process Take?

    How Long Does the Probate Process Take?
    You may assume that you should use a last will to facilitate future asset transfers. If you do use a last will to state your final wishes regarding the distribution of your property, the will must be admitted to probate. The estate…
Rank this Week: 1727

New York Probate Lawyer Blog

New York Probate Lawyer Blog

By Jules Martin Haas.

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

    New York Will Contests Result from Lack of Estate Planning

    New York Will Contests Result from Lack of Estate Planning
    The New York Probate Lawyer Blog has talked about the need for individuals to engage in proper estate planning. Planning documents include a Last Will, Living Will, Health Care Proxy, Power of Attorney and Living Trust. Persons who only have…
  • Oct 15

    New York Administration Proceedings Can Be Complicate by Family Dispute

    New York Administration Proceedings Can Be Complicate by Family Dispute
    The New York Probate Blog contains numerous articles discussing the differences between Surrogate’s Court probate proceedings and administration proceedings.  When a decedent leaves a Last Will, the process is to probate the Will…
  • Oct 8

    A New York Estate Plan Can Utilize a Codicil to a Last Will

    A New York Estate Plan Can Utilize a Codicil to a Last Will
    New York Estate Lawyers are familiar with the need for individuals to establish an estate plan. A good plan for an estate should include a Last Will, Living Will, Health Care Proxy and Power of Attorney. In some cases, it is also a good idea…
Rank this Week: 4877

Murphy's Law Blog

Murphy's Law Blog

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

http://www.noreenmurphylaw.com/blog/
  • Oct 22

    New Hope for Veterans Discharged Because of PTSD

    New Hope for Veterans Discharged Because of PTSD
    Previous generations didn’t understand post-traumatic stress disorder (PTSD) as well as we do today. Unfortunately, that led to many Vietnam-era veterans receiving an other-than-honorable discharge. And for decades, thousands of those…
  • Oct 15

    How to Age Gracefully: Mind, Body, and Spirit

    How to Age Gracefully: Mind, Body, and Spirit
    Each of us comes from a different walk of life, but there’s one thing we have in common: we’re all getting older. Time’s rhythm is steady, and try as we might, everyone ages just a little bit more with each … Continue…
  • Oct 8

    Halloween, Medicare, and The Pumpkin Rule

    Halloween, Medicare, and The Pumpkin Rule
    It’s Halloween time and the smell of pumpkin is in the air. You can’t step inside a coffee shop, bakery, or candle store this time of year without a waft of pumpkin spice greeting you at the door. Pumpkin’s everywhere!…
Rank this Week: 3581

Law Office of Roy W. Litherland…

Law Office of Roy W. Litherland Blog

Covers estate planning, probate and living trusts.

http://www.attorneyoffice.com/blog/
  • Oct 22

    Should I Have a Durable Power of Attorney?

    Should I Have a Durable Power of Attorney?
    Should I Have a Durable Power of Attorney? from Roy W. Litherland   Powers of attorney are often used within the legal field. Learn more about durable power of attorney in california in this presentation. The post Should I Have a Durable…
  • Oct 21

    How Is Property Distributed When There Is No Last Will?

    How Is Property Distributed When There Is No Last Will?
    If you were to die without a last will or any other estate planning document directing the transfer of your property, you would die intestate. Exactly how property would be distributed would depend upon the ownership details. Let’s look…
  • Oct 19

    Free Report: Why Should I Have A Durable Power of Attorney in California

    Free Report: Why Should I Have A Durable Power of Attorney in California
    A truly comprehensive estate plan will address the eventualities that you may face during the latter portion of your life. Topics covered in this whitepaper include: Incapacity Planning California Adult Conservatorship Durable Powers of…
Rank this Week: 1664

California Trust, Estate & Probate…

California Trust, Estate & Probate Litigation

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

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

    Bad Trustees: How to Handle Bad California Trustee

    Bad Trustees: How to Handle Bad California Trustee
    Bad Trustees can cause a great deal of harm to you and your Trust interests.  Here is a video describing how to handle a bad trustee. For our email subscribers, please click on the title link to watch this video on our blog……
  • Oct 16

    When California Trust No-Contest Clauses Apply…And When They Don’t

    When California Trust No-Contest Clauses Apply…And When They Don’t
    There is much confusion regarding the use, and misuse, of no-contest clauses.  No-contest clauses rarely apply, and they never apply to a beneficiary who questions the actions and management of the Trust by the Trustee.  In this…
  • Oct 6

    Trustee Surcharge: Holding Trustee’s Liable for Bad Act

    Trustee Surcharge: Holding Trustee’s Liable for Bad Act
        In California, Trustee’s have a host of duties and obligations they must abide by.  When a Trustee breaches his duty as Trustee, he is liable for money damages equal to the harm he causes.  This is called a…
Rank this Week: 3511

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/
  • Oct 21

    Should I Divorce My Spouse to receive Medicaid and Nursing Home Coverage in Florida?

    Should I Divorce My Spouse to receive Medicaid and Nursing Home Coverage in Florida?
    Today, I’m going to answer the question: Should my spouse and I get a divorce in order for my spouse to receive Medicaid and nursing home coverage in the state of Florida? This is a question that many people come to me or mention in my…
  • Oct 9

    How much do I have to pay a Florida Nursing Home if my Spouse is on Medicaid?

    How much do I have to pay a Florida Nursing Home if my Spouse is on Medicaid?
    In this article, I’m going to answer the question: How much do I have to pay a Florida nursing home if my spouse is on Medicaid?  My previous article covers how much you would have to pay if your parent or a single person needs…
  • Oct 7

    How Much Do I Have to Pay the Nursing Home if my Parent is on Florida Medicaid?

    How Much Do I Have to Pay the Nursing Home if my Parent is on Florida Medicaid?
    Today I’m going to answer the question, “How much do I have to pay the nursing home when my parent is on Florida Medicaid?” In order to reach this answer to this question, we need to cover a couple key points. First we need…
Rank this Week: 4007

Law Offices of Robert H. Glorch…

Law Offices of Robert H. Glorch Blog

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

http://www.illinoisestateplan.com/blog
  • Oct 20

    National Estate Planning Awareness Week is October 20-26

    National Estate Planning Awareness Week is October 20-26
    Are you aware that this week is National Estate Planning Awareness Week (NEPAW)? You are now. In 2008, the 110th Congress passed a resolution designating the third week of October as such. The resolution recognizes the importance of estate…
  • Oct 15

    My NBI Webcast Seminar Presentation: ‘Administering a Small Estate’

    My NBI Webcast Seminar Presentation: ‘Administering a Small Estate’
    I recently recorded a seminar presentation for National Business Institute (NBI) on the topic of “Administering a Small Estate.” NBI is a continuing legal education (CLE) provider for professionals. The presentation aired on…
  • Oct 7

    Big Internet Companies Oppose FADA Legislation — Really!?!

    Big Internet Companies Oppose FADA Legislation — Really!?!
    In July I discussed and lauded the recent adoption of the Uniform Fiduciary Access To Digital Assets (FADA) Act. FADA is not a law in itself, but is intended to provide uniform model legislation for states to enact to vest fiduciaries…
Rank this Week: 1699

Hauptman and Hauptman, P.C. Blog

Hauptman and Hauptman, P.C. Blog

Covers guardianship, Medicaid, probate and estate administration.

http://www.hauptmanlaw.com/blog
  • Oct 19

    Changes to New Jersey Medicaid Coming November 1 (Maybe)

    Changes to New Jersey Medicaid Coming November 1 (Maybe)
         Last week I wrote about changes to New Jersey’s Medicaid program that are coming November 1, specifically with regard to the income cap.  Well, as with all things Medicaid, that date is not certain. …
  • Oct 12

    Changes to New Jersey Medicaid Coming November 1

    Changes to New Jersey Medicaid Coming November 1
                    I have written for many years about Medicaid’s strict income limit or “cap”   Individuals over the cap can’t qualify for some Medicaid programs, such as…
  • Oct 5

    New Jersey Supreme Court Recognizes the Value of Special Needs Planning

    New Jersey Supreme Court Recognizes the Value of Special Needs Planning
                    Sometimes as elder and disability attorneys we are criticized for helping our clients qualify for, or in some cases maintain, government needs based…
Rank this Week: 1540

Estate Planning and Elder Law Blog

Estate Planning and Elder Law Blog

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

http://www.aminovlaw.com
  • Oct 19

    How To Avoid Probate

    How To Avoid Probate
    There is hardly a week that goes by that I don’t receive a call from a potential client asking me to help them “avoid probate”. Unfortunately, most of the time, the client only has a vague understanding of the probate…
  • Sep 2

    Joint Ownership of Asset

    Joint Ownership of Asset
    A significant portion of the assets we own are held jointly with another person. Almost anything, including real property, bank accounts, and investment accounts, can be, and often is, owned jointly. Therefore, it is of utmost importance to…
  • Jul 8

    What’s So Bad About Writing Your Own Will?

    What’s So Bad About Writing Your Own Will?
    Almost everyone can draft their own will – just like most people can give themselves a haircut – but the question is should they. There are many websites and form books offering a do-it-yourself service, but should you use them?…
Rank this Week: 1912

Nirenstein, Horowitz & Associates,…

Nirenstein, Horowitz & Associates, P.C. Blog

Covers Connecticut estate planning, probate and elder law.

http://www.preserveyourestate.net/blog/
  • Oct 19

    What Is an Authorization for Final Disposition?

    What Is an Authorization for Final Disposition?
    You have to think things all the way through if you want to be comprehensively prepared from an estate planning perspective. There are details that must be attended to beyond the transfer of financial assets after your passing. One thing to…
  • Oct 19

    This Week Is National Estate Planning Awareness Week

    This Week Is National Estate Planning Awareness Week
    People take steps to protect themselves and their families in various different ways. Individuals buy insurance even when they may never have to use it, because they want to protect their own interests and the interests of their family.…
  • Oct 18

    What Is the Medicaid Maximum Asset Limit?

    What Is the Medicaid Maximum Asset Limit?
    Even if you expect to qualify for Medicare as a senior citizen, you should still understand a bit about the Medicaid program. This is because of the fact that Medicare will not pay for living assistance. Most seniors will eventually need help…
Rank this Week: 1595

Estateography

Estateography

By Alvi Aggarwal.

http://www.estateography.com/
  • Oct 13

    Transferring Real Estate to A Revocable Trust by Deed

    Transferring Real Estate to A Revocable Trust by Deed
    Real estate includes your house, condo, vacation home, commercial building, and similar properties. Generally, a person who has a revocable trust will want that trust to be the owner and/or beneficiary of most of his/her assets: the…
  • Sep 21

    Transferring Mortgaged Real Estate to Your Revocable Trust

    Transferring Mortgaged Real Estate to Your Revocable Trust
    (or: why we have to ask the mortgage company for permission to transfer the rental property but not the house) People usually establish revocable trusts to facilitate the management of their assets if they become incapacitated and to avoid…
  • Aug 14

    Organ Donation--Not Just a Yes or No Choice

    Organ Donation--Not Just a Yes or No Choice
    When you go the DMV for a drivers license, you might check a box regarding organ donation. At the DMV in Virginia, organ donation is a yes or no question. You either check the box to become a donor or leave to box blank to not to become a…
Rank this Week: 3646

Tennessee Wills and Estates

Tennessee Wills and Estates

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

http://www.tennesseewillsandestates.com
Rank this Week: 2399

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/
  • Oct 12

    Is a Will Necessary When There Is No Probate Estate?

    Is a Will Necessary When There Is No Probate Estate?
    A last will and testament is a document that applies only to your “probate estate.” A probate estate may not include all of your assets. In some cases, you might not even own any assets subject to probate. Probate…
  • Oct 10

    The Dangers of Using a Pre-Printed Power of Attorney

    The Dangers of Using a Pre-Printed Power of Attorney
    A power of attorney is a legal document whereby a person, known as the “principal,” grants to another person, known as the “attorney-in-fact,” the authority to act on his or her behalf in certain financial matters. The…
  • Sep 26

    Collecting Payments After Your Death

    Collecting Payments After Your Death
    Although you might think of an estate plan simply as a way to dispose of your existing assets, in fact your future estate might also be responsible for collecting additional income generated after your death. If you work in the entertainment…
Rank this Week: 1231

Florida Probate Blog -…

Florida Probate Blog - WeProbateFlorida.com

Covers Florida probate administration. By Long H. Duong.

http://weprobateflorida.com
  • Oct 6

    Thoughts about Estate Assist, a “digital safe deposit box”

    Thoughts about Estate Assist, a “digital safe deposit box”
    Does Estate Assist solve probate and estate problems for Florida residents? A brief look at Estate Assist and lingering questions.
  • Aug 4

    Who has priority to act as personal representative in Florida?

    Who has priority to act as personal representative in Florida?
    If there is NO Last Will and Testament, the Florida Statutes indicate who has priority to act as personal representative (PR) and the law aligns with common sense. Florida Statute 733.301 733.301 Preference in appointment of personal…
  • Jul 17

    Small Estate Affidavits: Where to find them?

    Small Estate Affidavits: Where to find them?
    The short answer is that you can’t.  They don’t really exist. You may have heard a bank or some other financial institution ask you for a small estate affidavit if you don’t want to go through probate. Unfortunately,…
Rank this Week: 1211

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/
  • Oct 6

    Types of Custodial Accounts and How They Work on Long Island

    Types of Custodial Accounts and How They Work on Long Island
    There are situations when someone wants to transfer money or other property to a child and for whatever reason, usually to avoid costs, does not want to set up a formal trust. Transferring money directly to a minor may be difficult for many…
  • Sep 29

    Is the Trustee Required to Provide a Copy of the Trust or Financial Record

    Is the Trustee Required to Provide a Copy of the Trust or Financial Record
    Knowing Your Rights as a Long Island Trust Beneficiary While the majority of trusts on Long Island are handled without any issues between the beneficiary and the trustee, there are times where tensions may arise. A big source of tension can…
  • Sep 17

    Is Ingratiating Oneself with an Elderly Person Undue Influence?

    Is Ingratiating Oneself with an Elderly Person Undue Influence?
    When is Friendliness with an Elderly Person Crossing the Line One of the more common themes that people argue when they are contesting a will is that someone who has suddenly become a major beneficiary in the will somehow used undue influence…
Rank this Week: 3452

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/
  • Oct 3

    Appellate Division Upholds Equitable Extension of Slayer Rule

    Appellate Division Upholds Equitable Extension of Slayer Rule
    New York’s “slayer rule” essentially provides that if an individual kills another person, he has automatically forfeited any interest he may have had in his victim’s estate. The rationale is simple – no one…
  • Aug 8

    “Easy” Cases Make Bad Law Too

    “Easy” Cases Make Bad Law Too
    In a decision that could well cause even the most casual trusts and estates practitioners to scratch their proverbial heads in wonder, the Appellate Division, Third Department, in Matter of Buchting, 111 AD3d 1114, 975 NYS2d 794 (3d Dept…
  • Jul 11

    Testamentary Capacity, Summary Judgment and a Testator’s Diagnosis of Dementia

    Testamentary Capacity, Summary Judgment and a Testator’s Diagnosis of Dementia
    Although summary judgment in a contested probate proceeding historically has been rare, the recent trend has been for Surrogate’s Courts to grant such relief with increasing frequency. Consistent with that recent trend,…
Rank this Week: 4199

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
  • Oct 1

    Bank of America mortgage trust certification form

    Bank of America mortgage trust certification form
    For some time now I have advised clients to contact their mortgage holder to see about linking their trust to their mortgage. Without that you can leave your trustee with a problem. The house might be owned by the trust … Continue…
  • Sep 29

    Dying on your terms and POLST

    Dying on your terms and POLST
    My grandma is 98 years old…. or should I say 98 years YOUNG!?  She called last week to tell me about a great article in the LA Times.  It’s about dying on YOUR TERMS. In fact, the headline in the … Continue…
  • Aug 20

    Robin Williams estate in the new

    Robin Williams estate in the new
    I was reading this article about Robin Williams’ estate. It is written by a Minnesota lawyer.  I am not saying the story is “wrong” but it is a little misleading. Now that makes for better reading than a 100% accurate…
Rank this Week: 2686

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/
  • Sep 30

    4th DCA and Charging Order Protection for Florida LLC

    4th DCA and Charging Order Protection for Florida LLC
    In Florida, a multi member LLC, has asset protection characteristics. Prior to 2011, Florida law was not clear on whether a charging order was the exclusive remedy for a creditor of a member of a multi member LLC. Assets in a Florida multi…
  • Sep 29

    If a person dies intestate what proof must their children show the court to prove they are the heirs to the estate?

    If a person dies intestate what proof must their children show the court to prove they are the heirs to the estate?
    Most Florida probate courts simply accept the information contained in the pleadings that are filed with the court. These pleadings are usually signed "under penalties of perjury". Some courts (such as Citrus Count and Miami-Dade County)…
  • Aug 25

    Estate Planning: Dealing with your digital death instead of before

    Estate Planning: Dealing with your digital death instead of before
    Portland company WebCease is making waves in the probate and estate-planning community by helping attorneys and grieving families locate the deceased's digital accounts. CEO Glenn Williamson aims to be the first to provide this service to…
Rank this Week: 638

Florida Probate Litigation Lawyer…

Florida Probate Litigation Lawyer Blog

Cover Florida probate litigation. By Chepenik & Trushin LLP.

http://www.floridaprobatelitigationlawyer.com/
  • Sep 26

    2014 LEGISLATIVE SESSION – ALIGNMENT OF THE ANTILAPSE PROVISIONS OF THE FLORIDA TRUST AND PROBATE CODES

    2014 LEGISLATIVE SESSION – ALIGNMENT OF THE ANTILAPSE PROVISIONS OF THE FLORIDA TRUST AND PROBATE CODES
    The 2014 State of Florida legislative session brought about several changes in the area of trusts and estates. Among those passing into law was the amendment to the antilapse provisions of the Florida Trust Code (Florida Statutes Chapter…
  • Sep 2

    LONG TERM CHARITABLE GIVING: The Charitable Lead Trust

    LONG TERM CHARITABLE GIVING: The Charitable Lead Trust
    Charitable donors are frequently in pursuit of a means for establishing a lifetime philanthropic legacy and effective estate planning. The utilization of a charitable trust provides a strategic option. The donor may choose to set up a trust…
  • Aug 25

    The Reasons We Give

    The Reasons We Give
    Estate planners often focus on the tax benefits of making a gift, as smart planning can help reduce or eliminate a wide array of taxes on the estate and individual. But if you thought the primary motivation for donor gift-giving was related…
Rank this Week: 4155

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
  • Sep 25

    Undue Influence under Florida’s Trust Code

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

    Florida Trust Termination

    Florida Trust Termination
    People create trusts for a variety of reasons.  Some create them for creditor protection.  Others create them because they are concerned about providing the beneficiaries with large sums of money all at once.  Although these…
  • Jul 2

    Spousal Inheritance after Divorce

    Spousal Inheritance after Divorce
    What rights does a divorced spouse have to inherit from a former spouse’s estate? Fla. Stat. § 732.703 became effective in 2012 and concerns beneficiary designations on life insurance policies, annuities, IRAs, 401ks and other…
Rank this Week: 4281

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: 933

Probate Litigation Attorney Blog

Probate Litigation Attorney Blog

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

http://www.losangelesprobatelitigationattorneyblog.com/
  • Sep 7

    Los Angeles Bar Association Trust and Wills Symposium

    Los Angeles Bar Association Trust and Wills Symposium
    Firm partner, Yasha Bronshteyn, is looking forward to attending the People Behaving Badly: Trustees and Beneficiaries Abusing Each Other and Settlors program being presented on September 19, 2014, at the Millennium Biltmore Grand,…
  • Sep 7

    Probate Schedule at the San Farncisco Superior Court

    Probate Schedule at the San Farncisco Superior Court
    Hearing dates for probate matters at the San Francisco Superior Court located at  400 McAllister St., Department 204, San Francisco, CA 94102-4514 are assigned by the filing clerk at the time the petition is filed. The typical schedule…
  • Aug 2

    New Judical Officer to Hear Conservatorships, Trust Matters, and other Probate Cases in Los Angeles Superior Court

    New Judical Officer to Hear Conservatorships, Trust Matters, and other Probate Cases in Los Angeles Superior Court
      Brenda Penny has been elected a Los Angeles Superior Court commissioner, Presiding Judge David Wesley informed judicial officers. Brenda Penny has been hearing the morning probate calendar in Department 5 of the Los Angeles Superior…
Rank this Week: 3237

Philadelphia Estate and Tax…

Philadelphia Estate and Tax Attorney Blog

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

http://frommtaxes.wordpress.com/
Rank this Week: 3354

Texas Probate Litigation

Texas Probate Litigation

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

http://www.txprobatelitigation.com/
  • Aug 26

    Court finds designated executor unsuitable

    Court finds designated executor unsuitable
    In Gossett v. Beck, the Dallas Court of Appeals upheld the probate court's determination that an indepedent executrix designated in a will was unsuitable and therefore disqualified to serve. The basis of the probate court's decision was a…
  • Jul 22

    Court imposes constructive trust for mother's benefit

    Court imposes constructive trust for mother's benefit
    A heartbreaking part of my practice is seeing a child take advantage of an elderly parent. A common scenario is the adult child whose "job" becomes taking care of a parent. The arrangement can benefit both, as the parent receives...
  • May 26

    A claim for tortious interference with inheritance is not necessarily a "probate proceeding"

    A claim for tortious interference with inheritance is not necessarily a "probate proceeding"
    In In re Hannah, the Houston Forteenth Court of Appeals considered the Texas Estates Code definitions of a "probate proceeding" and a "matter related to a probate proceeding." The case involved a claim by the beneficiary of prior wills…
Rank this Week: 3957

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/
  • Aug 19

    Gizmodo Gets Everything About the Fiduciary Access to Digital Assets Act Wrong

    Gizmodo Gets Everything About the Fiduciary Access to Digital Assets Act Wrong
    As I’ve written recently, the Uniform Law Commission approved the Uniform Fidicuary Access to Digital Assets Act. The act can be found on the Committee’s website, along with supplmenetal material, such as prior drafts, comments,…
  • Aug 3

    I am now Board Certified by the Florida Bar in Wills, Trusts, and Estate

    I am now Board Certified by the Florida Bar in Wills, Trusts, and Estate
    Forgive me if you will, a bragging post. As of August 1, I am Board Certified by the Florida Bar in Wills, Trusts, and Estates. Most of what is below comes from the Florida Bar website and materials. Board certification recognizes…
  • Jul 17

    Uniform Law Commission Approves Uniform Fiduciary Access to Digital Assets Act

    Uniform Law Commission Approves Uniform Fiduciary Access to Digital Assets Act
    I’ve written before about finding and having access to your “digital assets” and online accounts after death. Well there is a development that will hopefully make this process a bit easier. The Uniform Law…
Rank this Week: 786

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
Rank this Week: 3959

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
  • Jul 17

    Probate court deadlines - In re Estate of Loyd

    Probate court deadlines - In re Estate of Loyd
    On Tuesday, the Court of Appeals of Georgia handed down its opinion in In re Estate of Loyd.The details of that case are fairly mundane in the world of probate litigation. A will was challenged on grounds of undue influence by a disinherited…
  • Jul 12

    In re Estate of Helms - Executor's discretion does not extend to hypothetical claim

    In re Estate of Helms - Executor's discretion does not extend to hypothetical claim
    The Georgia Court of Appeals just handed down the case of In re Estate of Helms.  In it, the all-too-familiar facts of an heir acting well outside his powers. In this estate, one of the heirs - one Rowell - was named Executor in the…
  • Jun 12

    Opelika, Alabama "Wills for Heroes" Event

    Opelika, Alabama "Wills for Heroes" Event
    [...]
Rank this Week: 2660

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: 4571

Los Angeles Probate and Trust…

Los Angeles Probate and Trust Lawyer Blog

Covers estates, probate and trust administration in California. By Jan Morrison.

http://www.losangelesprobateandtrustlawyer.com/
  • May 10

    Using Joint Tenancy with Real Property as a Probate Avoidance Device, Part 2

    Using Joint Tenancy with Real Property as a Probate Avoidance Device, Part 2
    Although, joint tenancy will avoid probate, holding property as joint tenants may also have adverse and unexpected consequences. First, a little primer on basis to understand what is meant when we speak about your basis in property.…
  • Apr 19

    Using Joint Tenancy with Real Property as a Probate Avoidance Device, Part 1

    Using Joint Tenancy with Real Property as a Probate Avoidance Device, Part 1
    Many couples in California, married or not, hold title of their real property as joint tenants. I find this is mainly the result of not consulting a legal professional when purchasing the property. The property sales paperwork they receive…
  • Apr 7

    Are you Expecting an Inheritance? Are You Depending on an Inheritance?

    Are you Expecting an Inheritance? Are You Depending on an Inheritance?
    I was out to dinner the other night and overheard a brother and sister discussing their father and his new young bride and her pregnancy. The conversation started in muted whispers however, it didn't take long until their voices got...
Rank this Week: 4180

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: 795

Estate Planning & Probate 411

Estate Planning & Probate 411

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

http://indianwellsestateplanningattorney.com/
  • Apr 10

    Dangers of Do It Yourself Wills and Trust

    Dangers of Do It Yourself Wills and Trust
    In a previous post, I discussed An Example of What Can Go Wrong When You Make Your Own Will, as well as an article, Consumer Reports: Write Your Own Will? We tested 3 software products that claim to help you … Continue reading →
  • Jan 20

    An Example of What Can Go Wrong When You Make Your Own Will.

    An Example of What Can Go Wrong When You Make Your Own Will.
    Do-it-yourself Wills: a sad story of planning gone wrong.  Here is a case study by Janet L. Brewer, detailing some of the bad things that can happen when you make your own Will. Read about John, widow and father, faced … Continue…
  • Nov 24

    What to Do with Your Business When You Die or Retire

    What to Do with Your Business When You Die or Retire
    Business Succession Planning Business succession planning is the process of providing for the passage of ownership and control of your business to others when you decide to retire, or if you should die or become incapacitated. Planning for…
Rank this Week: 1685