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Wills, Trusts & Estates Prof…

Wills, Trusts & Estates Prof Blog

By Gerry W. Beyer.

http://lawprofessors.typepad.com/trusts_estates_prof/
  • May 24

    Donor-Advised Funds Will Face More Congressional Scrutiny

    Donor-Advised Funds Will Face More Congressional Scrutiny
    Members of congress from both parties are calling for increased scrutiny of Donor-Advised Funds (DAFs) because of the way these funds are used as a tax avoidance technique. DAFs have been growing dramatically in recent years, there are now…
  • May 24

    The Do's And Dont's Of Charitable Pledge Donation

    The Do's And Dont's Of Charitable Pledge Donation
    Charities have become experts in how to extract maximum donations from donors including the use of big events at which individuals stand up and publicly pledge their donation. But what happens when that big pledge is never carried through…
  • May 24

    Ireland Becomes First Country To Legalize Same Sex Marriage By Popular Vote

    Ireland Becomes First Country To Legalize Same Sex Marriage By Popular Vote
    Ireland, a country once known for its ultra conservative social values, has become the first country in the world to legalize same sex marriage through popular vote. Turnout reached 60% and victory was by a two to one margin as...
Rank this Week: 69

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: 147

The Probate Lawyer Family Feud…

The Probate Lawyer Family Feud Blog

Covers celebrity and true case stories on probate litigation. By Andrew Mayoras.

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

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

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

    Sofia Vergara Lawsuit Teaches Lesson For Couples Using IVF

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

    Celebrity Legacies: Blurred Lines Surround Marvin Gaye Estate

    Celebrity Legacies: Blurred Lines Surround Marvin Gaye Estate
    There's nothing like a hit song to keep heirs dancing down the road to the bank -- even when that song wasn't written, composed, or sung by the celebrity singer who died. The heirs of Marvin Gaye hit it big with a judgment against Robin…
Rank this Week: 171

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

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

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

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

    Digital Life After Death, A Question For The Future

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

    Cubs Star Ernie Banks Will Leaving Estate To Caregiver Ruled Valid

    Cubs Star Ernie Banks Will Leaving Estate To Caregiver Ruled Valid
    The Star Tribune has reported today that Ernie Banks, all star shortstop of the Chicago Cubs who died January 23rd at the age of 83 has left his estate to his caregiver Regina Rice. Banks made his will last October and the witnesses reported…
Rank this Week: 664

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: 549

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: 567

Nirenstein, Horowitz & Associates,…

Nirenstein, Horowitz & Associates, P.C. Blog

Covers Connecticut estate planning, probate and elder law.

http://www.preserveyourestate.net/blog/
  • May 24

    What is Connecticut Qualified Domestic Trust

    What is Connecticut Qualified Domestic Trust
    What is Connecticut Qualified Domestic Trust from Barry D Horowitz The estate tax is not applicable on asset transfers between spouses You could use the unlimited marital deduction to transfer any amount of property to your spouse free of…
  • May 20

    Safely Store Important Information

    Safely Store Important Information
    The process of estate planning extends into incapacity planning is well, so it is important to see a complete picture when you are making preparations for the future. Ultimately the objective is to make sure that things are in place for your…
  • May 18

    What Is a “Stretch IRA?”

    What Is a “Stretch IRA?”
    Retirement planning is very important if you want to be able to enjoy your golden years in comfort. The best way to proceed is to sit down and discuss your future with a good financial planning attorney early on during your professional…
Rank this Week: 1837

North Carolina Estate Planning…

North Carolina Estate Planning Blog

Covers legal issues relating to wealth transfer, asset preservation, probate, and taxation. By Greg Herman-Giddens of Trust Counsel, P.A.

http://www.ncestateplanningblog.com/
  • May 24

    Opportunities for 529 College Savings Plan

    Opportunities for 529 College Savings Plan
    529 College Savings Plans consistently offer long-term tax-deferred growth for future students. As a savings tool, 529 plans come with a few restrictions. For one, contributions must be made with after-tax dollars. (Some state-level…
  • May 23

    Tax Concerns for New Domicile

    Tax Concerns for New Domicile
    Living in one state while claiming domicile in another could offer many benefits depending on the jurisdictions. Tax benefits are generally a prime factor when an individual considers claiming domicile outside their resident state.…
  • May 22

    Looking Ahead: Rising Nursing Home Costs in North Carolina

    Looking Ahead: Rising Nursing Home Costs in North Carolina
    When retirement saving makes headlines, it is often to highlight that Americans are not saving enough for their senior years. Individuals should be realistic about long-term expenses when planning retirement contributions and investments.…
Rank this Week: 1500

Northern California Center for…

Northern California Center for Estate Planning and Elder Law

Covers estate planning.

http://www.norcalplanners.com/blog/
  • May 22

    Do Elder Law Attorneys Practice in Other Areas?

    Do Elder Law Attorneys Practice in Other Areas?
    The area of elder law is a legal specialty that is quite relevant at the present time. There is an unprecedented aging of the population underway due to the fact that the baby boomers are attaining senior citizen status. Elder law attorneys…
  • May 22

    Free Report: What Questions Should I Ask a California Elder Law Attorney

    Free Report: What Questions Should I Ask a California Elder Law Attorney
    Elder law attorneys are legal professionals who focus their practice on assisting senior citizens with the legal problems they face. When you consult with an elder law attorney, you can create an intelligent and informed plan that leads to a…
  • May 20

    What Are the Disadvantages of a Power of Attorney?

    What Are the Disadvantages of a Power of Attorney?
    Incapacity planning is an essential piece of the puzzle when you are devising a long-term plan for aging. Many elders become unable to make sound decisions at some point in time, and you can account for this through the execution of a certain…
Rank this Week: 1844

Long Island Estate Planning…

Long Island Estate Planning Questions & Answers

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

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

    Is a Long Island Trustee Entitled to Commissions Every Year?

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

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

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

    What is Mental Incompetence for a Long Island Will Contest?

    What is Mental Incompetence for a Long Island Will Contest?
    Understanding Testamentary Capacity Many people assume that because their loved one has mental issues that it meant that they would not have the capability to sign a will. This would be a reasonable assumption considering that one must have a…
Rank this Week: 3565

Florida Probate, Trust & Estate…

Florida Probate, Trust & Estate Blog

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

http://www.clarkskatoff.com/news-resources/blog/
  • May 22

    Power of Attorney Not Authorized for Self Dealing

    Power of Attorney Not Authorized for Self Dealing
    A power of attorney is a legal document is a legal document delegating authority from one person to another.  Recently, the Supreme Court of South Dakota provided yet another example of how important the language contained within this…
  • May 19

    2015 Amendments to Florida Probate Code and Florida Trust Code

    2015 Amendments to Florida Probate Code and Florida Trust Code
    The Florida Probate Code and the Florida Trust Code govern the administration of estates and trusts under Florida law.  These codes establish the mechanisms and procedures for the collection and subsequent distribution of assets to the…
  • May 19

    Supreme Court Holds 401(k) Plan Trustees Have Ongoing Duty To Monitor

    Supreme Court Holds 401(k) Plan Trustees Have Ongoing Duty To Monitor
    All too often pension-plan participants (employees and retirees) are left in the dark about the fees and expenses associated with the mutual funds selected for their company’s plan, whether it is a 401(k) savings plan or otherwise.…
Rank this Week: 2277

Texas Wills and Trusts Law Online

Texas Wills and Trusts Law Online

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

http://www.texaswillsandtrustslaw.com
  • May 22

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

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

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

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

    The Top 10 Reasons Why You Need An Estate Plan

    The Top 10 Reasons Why You Need An Estate Plan
    A recent survey found that approximately two-thirds of Americans don’t have a wills, and even fewer have power of attorneys or health care directives. Are you one of them? The survey suggests that the primary reasons why so few have…
Rank this Week: 4909

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
  • May 22

    Two Year Blogiversary

    Two Year Blogiversary
    Two years ago we rolled out the welcome mat for this blog. And here we are 80 posts later! On last year’s blogiversary I shared 5 Things About Our Blog. Today I want to share some numbers and stats. If you run any kind of website or…
  • May 12

    Ernie Banks Estate, Part 4: Citations to Discover and Recover

    Ernie Banks Estate, Part 4: Citations to Discover and Recover
    Cubs legend Ernie Banks died nearly 4 months ago, but his estate continues to make headlines as new facts and twists trickle out in the legal wrangling between his caretaker and his family. The ultimate battle has yet to begin — a will…
  • May 4

    The Four Phases of a Revocable Living Trust

    The Four Phases of a Revocable Living Trust
    Sometimes the best way to understand a concept is to break it down into different phases over time. I think this construct works well for understanding estate planning with a revocable living trust, which serves varying goals and purposes at…
Rank this Week: 1716

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

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

http://jotwell.com/
  • May 22

    Reframing (and Reclaiming) Pregnancy and Abortion

    Reframing (and Reclaiming) Pregnancy and Abortion
    Khiara Bridges, When Pregnancy is an Injury: Rape, Law, and Culture, 65 Stan. L. Rev. 457 (2013).Melissa MurrayIn recent years, anti-abortion advocates have argued that abortion harms not only a developing fetus, it also harms the woman who…
  • May 20

    Higher Education’s Brands in Cyberspace

    Higher Education’s Brands in Cyberspace
    Jacob H. Rooksby, Defining Domain: Higher Education’s Battles for Cyberspace, 80 Brooklyn L. Rev. __ (forthcoming, 2015), available at SSRN.Michael CarrollProfessor Rooksby studies the way in which higher education institutions…
  • May 19

    Law, Neuroscience and Neuroethic

    Law, Neuroscience and Neuroethic
    Jens Clausen and Neil Levy (eds.), Handbook of Neuroethics (2015).Dennis PattersonThe relationship between the mind and the brain is a topic of immense philosophical, scientific, and popular interest.1 The diverse but…
Rank this Week: 4509

Kuhn and Kuhn Law Firm Blog

Kuhn and Kuhn Law Firm Blog

Covers estate planning.

http://www.kuhnandkuhn.com/blog/
  • May 22

    Funeral Planning in North Carolina: Why It Should be Part of Your Comprehensive Estate Plan

    Funeral Planning in North Carolina: Why It Should be Part of Your Comprehensive Estate Plan
    Funeral Planning in North Carolina: Why It Should be Part of Your Comprehensive Estate Plan from John Kuhn People often overpay for funeral and burial services when they are forced to make decisions while grieving. Learn more about…
  • May 20

    I Was Just Informed I Am the Trustee of a Testamentary Trust My Deceased Aunt Made. What Do I Do Now?

    I Was Just Informed I Am the Trustee of a Testamentary Trust My Deceased Aunt Made. What Do I Do Now?
    When a family member dies it is a difficult time for the entire family. Along with the grieving, there are a number of practical and legal issues that must be addressed following a death. Ideally, the deceased left behind a thorough estate…
  • May 14

    When Do I Need a Guardianship?

    When Do I Need a Guardianship?
    For an adult child, one of the most difficult decisions to make is the decision to pursue a guardianship over a parent. As you parents age, however, if may become painfully obvious that one, or both, of them are no longer able to live…
Rank this Week: 1866

California Trust, Estate & Probate…

California Trust, Estate & Probate Litigation

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

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

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

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

    Top 5 Must Know Facts for your California Undue Influence Case

    Top 5 Must Know Facts for your California Undue Influence Case
    If you have an undue influence claim, here are the top five things you must consider in bringing your claim in court: 1.  It’s a Two-Headed Monster Starting January 1, 2014, the definition of undue influence was unified under…
  • May 7

    Who Owns Your Money, You or Your Child? California Joint Tenancy Account Rule

    Who Owns Your Money, You or Your Child? California Joint Tenancy Account Rule
    In California, as in every other state, you can create a joint tenancy account with anyone you like, including a friend, caretake, or child.  And most people know that a joint account automatically transfers to the surviving joint…
Rank this Week: 3618

German Law Group Blog

German Law Group Blog

Covers estate planning.

http://www.germanlawgroup.com/
  • May 21

    Why Would I Want to Avoid Probate?

    Why Would I Want to Avoid Probate?
    The process of probate can come into play when you are in direct possession of property at the time of your passing. If you had no estate planning documents at all, the probate court would use intestate succession laws to determine how your…
  • May 19

    Medicaid Planning: What Can the Healthy Spouse Keep?

    Medicaid Planning: What Can the Healthy Spouse Keep?
    The Medicaid planning may seem like something that is not going to be important for you if you are going to retire with resources as a Medicare recipient. The reason why Medicaid is in fact relevant to many elders is because Medicare does not…
  • May 16

    Do I Pay Minnesota Taxes When Someone Leaves Me Money

    Do I Pay Minnesota Taxes When Someone Leaves Me Money
    Do I Pay Minnesota Taxes When Someone Leaves Me Money from Raymond German There is no federal inheritance tax, but six states in the union impose state-level inheritance taxes. Learn more about Pay Minnesota Taxes in this presentation.
Rank this Week: 1610

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/
  • May 21

    What Is the Look-Back Period for Medi-Cal Eligibility?

    What Is the Look-Back Period for Medi-Cal Eligibility?
    Elder care is a very pressing issue at the present time, because long-term care is very expensive. The majority of senior citizens are someday going to need living assistance, so this is something to take seriously when you are looking ahead…
  • May 19

    What Is Digital Estate Planning?

    What Is Digital Estate Planning?
    A well constructed estate plan will leave behind a turnkey situation for the surviving family members. If you want to be comprehensively prepared, you need to consider every detail. With this in mind, we will look at digital estate planning…
  • May 14

    Is It Effective Medi-Cal Planning to Add Someone’s Name to Your Bank Account? (An Elder Law Today Blog)

    Is It Effective Medi-Cal Planning to Add Someone’s Name to Your Bank Account? (An Elder Law Today Blog)
    Don’t you hate to be the bearer of bad news? We all do. Unfortunately, sometimes we just can’t avoid it. Consider the following situation: Last month I had an appointment with Mrs. Jones. Her husband was diagnosed with…
Rank this Week: 1868

Mendel Law Firm Blog

Mendel Law Firm Blog

Covers estate planning.

http://www.mendellawfirm.com/blog/
  • May 20

    Thought for the Day:

    Thought for the Day:
    What lies behind you and what lies in front of you, pales in comparison to what lies inside of you. Ralph Waldo Emerson
  • May 20

    How to Discuss Estate Planning with Your Parent

    How to Discuss Estate Planning with Your Parent
    Talking about financial matters with your parents is probably not easy. By the same token, talking about the inevitable death of your parents is probably not something you want to do; however, sitting down with you parents and discussing…
  • May 19

    Texas History – Do You Know the Name of Judge Roy Bean’s Combination Courtroom and Saloon?

    Texas History – Do You Know the Name of Judge Roy Bean’s Combination Courtroom and Saloon?
    Judge Roy Bean’s combination courtroom and saloon, known as the Jersey Lily, was located along the Rio Grande in a desolate stretch of the Chihuahuan Desert of Southwest Texas. Bean did not allow hung juries or appeals, and jurors, who…
Rank this Week: 1867

New York Probate Lawyer Blog

New York Probate Lawyer Blog

By Jules Martin Haas.

http://www.newyorkprobatelawyerblog.com/
  • May 20

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

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

    New York Estate Planning Is Needed to Avoid a Will Contest

    New York Estate Planning Is Needed to Avoid a Will Contest
    There are countless articles and advisory papers that have been written in which people are urged to prepare an Estate Plan. The use of advanced planning documents such as a Last Will, Living Will, Power of Attorney, Health Care Proxy and…
  • May 6

    New York Guardians Will Not Be Appointed Where the Court Finds A Guardian is Not Needed

    New York Guardians Will Not Be Appointed Where the Court Finds A Guardian is Not Needed
    A New York Guardianship Proceeding is commenced by the filing of a petition.  Mental Hygiene Law (MHL) Section 81.08 sets forth the requirements of the petition.  MHL Section 81.06 designates the persons who may file the proceeding…
Rank this Week: 4647

Murphy's Law Blog

Murphy's Law Blog

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

http://www.noreenmurphylaw.com/blog/
  • May 20

    Nursing Homes Replacing Hospitals for Primary Senior Care

    Nursing Homes Replacing Hospitals for Primary Senior Care
    We always hear about the rising number of Americans who turn to hospitals (particularly Emergency Rooms) as their primary source of healthcare. Likewise, we hear a lot about the constantly rising costs of nursing homes in America —…
  • May 13

    10 Ways to Live Longer (And They’re Easier Than You Think)

    10 Ways to Live Longer (And They’re Easier Than You Think)
    I write a lot in this blog about the ever-expanding lifespan of the average American, and much of that is thanks to truly incredible developments in medical science over the past few years. But living longer can be a personal victory too.…
  • May 6

    Apple and the Tech Giants Want to Revolutionize Elder Care

    Apple and the Tech Giants Want to Revolutionize Elder Care
    Giants are on the loose, and they have their eyes set on seniors… in a good way. View image | gettyimages.com The titans of the tech industry, Apple and Google among them, have decided to make elder care one of their next big targets…
Rank this Week: 3741

Law Office of Andrew M. Lamkin,…

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

Covers elder law.

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

    When Your Elderly Parents Live With You

    When Your Elderly Parents Live With You
    The decision to move an elderly parent into your home can be a difficult one, both emotionally and financially. However, a consultation with an elder care attorney may put your mind at ease about many of the uncertainties. Having an elderly…
  • May 12

    What We Can Learn From Robin Williams’ Estate Problem

    What We Can Learn From Robin Williams’ Estate Problem
    When a grieving family gets hit with unwelcome surprises, things can get ugly. The loss of a loved one is painful, but the process of fighting over sentimental and valuable estate items (from mother’s favorite tea cup to her million…
  • May 5

    May is Older Americans Month

    May is Older Americans Month
    You may have never heard of Older Americans Month, but this month-of-awareness has been around for over 50 years. Occurring every year during the month of May, Older Americans Month serves as a time to acknowledge the significance and…
Rank this Week: 2643

Florida Probate Lawyer Blog

Florida Probate Lawyer Blog

Covers estate, guardianship, probate and trust litigation. By Law Offices of Adrian Philip Thomas.

http://www.florida-probate-lawyer.com/probate
  • May 18

    Tortious Interference with an Expectancy: DeWitt 101

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

    Florida Court Determines Wife Unduly Influenced Husband

    Florida Court Determines Wife Unduly Influenced Husband
    Florida law is well established that when a will is challenged on the grounds of undue influence, the influence must amount to over persuasion, duress, force, coercion, or artful or fraudulent contrivances to such an extent that there is a
  • 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…
Rank this Week: 3937

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
  • May 17

    Confusion on When a Tennessee Probate Estate Should be Opened

    Confusion on When a Tennessee Probate Estate Should be Opened
    I get a lot of interesting questions when I tell people that I practice Probate law in Tennessee.  One of the things that is most confusing to people is how to know when an actual estate needs to be opened for their loved one.  As a…
  • Mar 22

    Signatures of Witnesses to Will on Affidavit, but Not on Actual Will Does Not Comply with Tennessee Law

    Signatures of Witnesses to Will on Affidavit, but Not on Actual Will Does Not Comply with Tennessee Law
    A recent Tennessee Court of Appeals’ decision of In re Estate of Bill Morris, No. M2014-00874-COA-R3-CV, 2015 WL 557970 (Tenn. Ct. App. 2015) discussed the requirements for witness signatures on a Tennessee will.  T.C.A. §…
  • Feb 22

    Facebook Changes Policy for Handling Account After Death

    Facebook Changes Policy for Handling Account After Death
    One thing that has become more complex in this changing world of technology is how to handle digital assets after you die.  As we continue forward in time, more and more individuals who die will have a substantial online…
Rank this Week: 1758

Hauptman and Hauptman, P.C. Blog

Hauptman and Hauptman, P.C. Blog

Covers guardianship, Medicaid, probate and estate administration.

http://www.hauptmanlaw.com/blog
  • May 17

    Dangers of the Due on Transfer Clause

    Dangers of the Due on Transfer Clause
                To follow up on the same topic of the past two weeks, transferring the home, recently we received a call from George regarding the transfer of his home to a trust.  He…
  • May 10

    Thinking about transferring your home to your children? (Part 2)

    Thinking about transferring your home to your children? (Part 2)
                Last week I told you about Jamie’s mistake.  Mom and Dad transferred their home to Jamie 7 years ago to protect it from Medicaid’s spend down…
  • May 3

    Thinking About Transferring Your Home to Your Children?

    Thinking About Transferring Your Home to Your Children?
                Jamie called because her dad was in need of Medicaid.  He was now in a nursing home and Mom was living at home.  They had about $120,000 of countable assets.  I…
Rank this Week: 2136

Michigan Estate Planning Lawyer…

Michigan Estate Planning Lawyer Blog

Covers trusts, probate, elder law, and estate planning. By Witzke Berry Carter & Wander PLLC.

http://www.michiganestateplanninglawyerblog.com/
  • May 16

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

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

    Why You Need To Work With A Criminal Attorney

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

    Why You Must Never Ever Micromanage Your Search Engine Optimization Company

    Why You Must Never Ever Micromanage Your Search Engine Optimization Company
    You’re not obtaining the outcomes you desire from your Search Engine Optimization firm, but you’re not sure exactly just what the trouble is. You even question if it could be you, as well as not the Search Engine Optimization…
Rank this Week: 1251

Estate Planning Attorney Blog

Estate Planning Attorney Blog

Covers probate, estate planning, business formation and business law. By Deemer Law Group, P.C.

http://www.estateplanningattorney-blog.com/
  • May 15

    Preparing for the First Meeting with your Probate Attorney

    Preparing for the First Meeting with your Probate Attorney
    The untimely passing of a loved one is difficult enough, let alone getting through the legal nightmare that is probate.   First, the main functions of probate are to collect and manage all the assets subject to probate and to pay…
  • May 7

    Partnership

    Partnership
    Choosing what type of entity your business will be is an essential part of business planning.  A partnership is two or more people working together for a profit.  There are two basic types of partnerships, general partnerships and…
  • Feb 7

    Where should I incorporate? (Part 2)

    Where should I incorporate? (Part 2)
    In Part 1, we discussed the non-legal issues that can influence where to incorporate, such as financial, convenience of where they are doing business, and continuing operations.  Now we will discuss some of the legal considerations for…
Rank this Week: 781

Florida Probate Litigation Lawyer…

Florida Probate Litigation Lawyer Blog

Cover Florida probate litigation. By Chepenik & Trushin LLP.

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

    CREATING A VALID WILL IN FLORIDA

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

    STEPCHILDREN & INHERITANCE RIGHTS

    STEPCHILDREN & INHERITANCE RIGHTS
    The number of blended families in America is increasing and with it, so is the need for competent estate planning. As the modern blended family replaces the “traditional” family, tension arises from traditional intestacy laws.…
  • 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…
Rank this Week: 4427

San Diego Estate Planning Lawyer…

San Diego Estate Planning Lawyer Blog

Covers estate planning topics such as conservatorship, guardianship, health care and advanced directive, living trusts, and probate. By Law Office of Scott D. Soady, A Professional Corporation

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

    Showing Proper Respect for Death Certificate

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

    Understanding Advance Health Care Directives and “Living Wills”

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

    “Undue Influence” Can Undo Your Estate Planning Intention

    “Undue Influence” Can Undo Your Estate Planning Intention
    Your deathbed is not the right place to make a will or begin the estate planning process. Individuals who are hospitalized or dying are often subject to the undue influence of others. California courts may invalidate a will or other estate…
Rank this Week: 1366

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: 1111

California Probate and Estate…

California Probate and Estate Planning Blog

Covers California probate and estate planning including law changes, legal strategies, and detailed descriptions of the options available. By Meissner, Joseph & Palley, Inc.

http://www.californiaprobate.info/blog
  • May 14

    The Pragmatic lawyer

    The Pragmatic lawyer
    I have always considered myself to be reasonable or a good sense of rough justice. A quick opinion of how things should end up. People have called me pragmatic many times during my 20 years as a lawyer. I will admit I didn’t know…
  • 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…
Rank this Week: 2957

Planning Notes

Planning Notes

Covers fundamental concepts relevant to estate planning, business law, real estate law, and tax law. By Cook & Cook.

http://cooklaw.co/blog
  • May 13

    Proposed 1031 Exchange Change

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

    Estate Plan Privacy

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

    The Achieving A Better Life Experience (ABLE) Act

    The Achieving A Better Life Experience (ABLE) Act
    Late last year President Obama signed the Achieving A Better Life Experience ("ABLE") Act into law. In essence, the ABLE Act can allow individuals with qualifying disabilities or their families to set aside funds for education, housing and…
Rank this Week: 4632

Probate Litigation Attorney Blog

Probate Litigation Attorney Blog

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

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

    Conservatorships/Mandatory/Refresher Probate Volunteer Panel Attorney Training

    Conservatorships/Mandatory/Refresher Probate Volunteer Panel Attorney Training
    On May 9, 2015, firm partner Yasha Bronshteyn attended the Conservatorship/PVP lecture presented by the Los Angeles County Bar Association.  This course provides an introduction and overview to attorneys new to or seeking to join the…
  • Mar 27

    Lunch With the Probate Judges – 2015

    Lunch With the Probate Judges – 2015
    On March 24, 2015, the panel of Probate Judges discussed the current state of Probate Court in Los Angeles County and addressed questions and concerns submitted by members of the Beverly Hills Bar Association. Fortunately six probate judges…
  • Feb 20

    Conservators Can Petition the Court to Stop the Abuse of Elder or Dependent Adult

    Conservators Can Petition the Court to Stop the Abuse of Elder or Dependent Adult
    Firm partners, Alexander R. Ginzburg and Yasha Bronshteyn, attended the Elder Abuse Restraining Orders: Nuts, Bolts and Other Miscellany program which was presented on February 19, 2014, by the Los Angeles Bar Association-Trust…
Rank this Week: 3310

Law Office of Robert L. Boydstun…

Law Office of Robert L. Boydstun Blog

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

http://www.boydstunlaw.com/blog/
  • May 11

    Considerations For Your Health Care Proxy

    Considerations For Your Health Care Proxy
    I regularly sit with clients helping them prepare their Long Term Care tool boxes.  One very important Tool is the Health Care Proxy, a document that designates who has authority to make medical choices for them when they are unable to…
  • Apr 13

    Retirement Planning With Special Needs Child

    Retirement Planning With Special Needs Child
    Parents with special needs children have a set of added concerns when planning for their retirement.  In addition to planning where they will live and how much income they will have, they also need to plan where there special needs child…
  • Feb 8

    Nursing Homes Abuse

    Nursing Homes Abuse
    The New York Times has reported that New York nursing homes are now bringing guardianship proceedings in order to collect on the bills owed to them. In order to protect yourself from such abuse, it is vital that you have a valid Power of…
Rank this Week: 1668

New York Probate and Estate…

New York Probate and Estate Administration Blog

Published by Stephen Bilkis & Associates

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

    Probate Court Interprets Holographic Instrument

    Probate Court Interprets Holographic Instrument
    A New York Probate Lawyer said that sources show that the complainant offers for probate a holographic instrument, 2-1/4 3-3/4 inches in size, written upon both sides thereof. The decedent's signature appears directly below the dispositive…
  • May 9

    Probate Court Conducts an Accounting Proceeding

    Probate Court Conducts an Accounting Proceeding
    A New York Probate Lawyer said that records show that in the instant case, the decedent died on August 27, 2003 a resident of New York. She was survived by her son and her daughter. Her will of September 30, 1970 and a codicil thereto dated…
  • May 8

    Courts Review Abiguity in Will Clause

    Courts Review Abiguity in Will Clause
    A New York Probate Lawyer said that according to sources, this will contest action, involving the construction of a latent ambiguity in a will clause, foregrounds the difficulty of determining close cases in the absence of a clearly…
Rank this Week: 3030

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/
  • May 6

    UNC Basketball Coach Dean Smith Leaves Behind a Special Gift

    UNC Basketball Coach Dean Smith Leaves Behind a Special Gift
    Dean Smith, the great basketball coach for the University of North Carolina, Chapel Hill, died recently at the age of 83. His reputation among the UNC alumni and athletic department would go so far as lauding him as revered. One of…
  • Feb 26

    Arizona Supreme Court Clarifies Anti-Deficiency Statute

    Arizona Supreme Court Clarifies Anti-Deficiency Statute
    Since the downturn in the Arizona real estate market and increase in the number of loan defaults and foreclosures, lenders and borrowers have fought over the interpretation of Arizona’s so-called anti-deficiency statutes. Disputes…
  • Feb 24

    Lessons from Robin Williams’ Trust Dispute

    Lessons from Robin Williams’ Trust Dispute
    After the passing of a loved one, family members and friends normally gather to find solace or to celebrate the person’s life. Or at least that is the order and manner in which most people would wish to be remembered. To this end of…
Rank this Week: 4534

Florida Estate Planning and…

Florida Estate Planning and Probate Law Blog

By Marc Soss.

http://floridaestateplanningandprobatelaw.blogspot.com/
  • May 1

    A FLORIDA TRUSTEES OBLIGATIONS TO TRUST BENEFICIARIES

    A FLORIDA TRUSTEES OBLIGATIONS TO TRUST BENEFICIARIES
    In the case of Bain v. McIntosh (U.S. Ct. App., 11th Cir., No. 14-13836, March 2, 2015) the U.S. Court of Appeals held that a Florida attorney, hired to represent a trustee does not owe a fiduciary duty to the trust…
  • May 1

    THE REASONABLENESS OF FLORIDA PROBATE LEGAL FEES

    THE REASONABLENESS OF FLORIDA PROBATE LEGAL FEES
    The Florida 2nd District Court of Appeals, in Faulkner v. Woodruff (Fla. Ct. App., 2nd Dist., No. 2D13-2165, March 6, 2015) recently held that a Florida Personal Representative may petition a probate court to review the…
  • Apr 28

    STEP-CHILDREN'S RIGHTS IN FLORIDA PROBATE PROCEEDINGS

    STEP-CHILDREN'S RIGHTS IN FLORIDA PROBATE PROCEEDINGS
    One of the most common scenarios, when dealing with Florida probate matters in the second marriage situation, is that upon the death of the first spouse his or her children claim that the surviving spouse is taking…
Rank this Week: 1472

New York Trusts & Estates…

New York Trusts & Estates Litigation Blog

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

http://www.nyestatelitigationblog.com/
Rank this Week: 4260

Texas Probate Litigation

Texas Probate Litigation

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

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

    Court of appeals upholds removal of executor

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

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

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

    Estate of Hemsley

    Estate of Hemsley
    Sherman Hemsley was a popular actor, known for playing George Jefferson in "All in the Family" and the "The Jeffersons." He was never married and had no children. He died in El Paso in 2012 after a battle with lung...
Rank this Week: 4938

Palm Springs Estate Planning…

Palm Springs Estate Planning Lawyer Blog

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

http://www.palmspringsestateplanninglawyerblog.com/
  • Apr 27

    Palm Springs Estate Attorney Discusses the Estate Tax

    Palm Springs Estate Attorney Discusses the Estate Tax
    The U.S. House of Representatives voted earlier this month to repeal the Federal Estate Tax. Republicans have long voiced their opposition over this tax but a vote to repeal hasn’t occurred in over a decade. The measure passed with 240…
  • Mar 16

    Palm Desert Trust Attorney Explains the Pitfalls of Bankruptcy on Trust

    Palm Desert Trust Attorney Explains the Pitfalls of Bankruptcy on Trust
    Bankruptcy can disrupt your estate plan. We previously discussed here the problem bankruptcy creates if you have assets in joint tenancy with a bankruptcy debtor. However, bankruptcy can also effect your estate plan for your beneficiaries if…
  • Jan 5

    Palm Springs Estate Planning Attorney Discusses New California Laws 2015

    Palm Springs Estate Planning Attorney Discusses New California Laws 2015
    California has roughly 900 new laws that will go into effect in 2015. Some of the highlights are: Immigrant Driver's Licenses The DMV will now issue driver's licenses to undocumented immigrants if they meet every qualification including…
Rank this Week: 3289

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
  • Apr 16

    Opening a Safe Deposit Box After Death in NY

    Opening a Safe Deposit Box After Death in NY
    I often receive phone calls from clients who had recently lost a loved one and, among other things, are confused about how to access the decedent’s safe deposit box. A common concern is that the loved one kept their last will in the…
  • Mar 9

    Frequently Asked Probate Question

    Frequently Asked Probate Question
    As a probate lawyer, I am often asked many important questions about the probate process. I have decided to make a list of some of the most frequent questions in an effort to help people understand the process better. What is Probate? Probate…
  • Jan 27

    Spending Down Assets to Qualify for Medicaid Nursing Home Care

    Spending Down Assets to Qualify for Medicaid Nursing Home Care
    Medicaid nursing home care is a means-based program, which means that the government looks at your income and assets to determine eligibility. Since you can’t gift away your assets and qualify for nursing home care for up to 5 years,…
Rank this Week: 1942

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: 3733

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: 1336

New York Probate Blog

New York Probate Blog

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

http://www.nycprobate.com/probate-blog/
  • Mar 26

    Taking Care of Your Pets After You Die

    Taking Care of Your Pets After You Die
    Non-animal lovers may find it hard to believe, but more and more pet owners are leaving their fortune to their pets. Joan Rivers made sure her dogs were taken care of after she passed away by including them in her estate planning. Leona…
  • Mar 11

    Protecting Publicity Rights in Estate Planning

    Protecting Publicity Rights in Estate Planning
    The use of the names, images, and likenesses of famous celebrities has value long after they die. Elvis Presley, Michael Jackson, Marilyn Monroe, and Babe Ruth all come to mind. However, it is not just the famous, or infamous, that have…
  • Mar 11

    Separating Estate Plans after a Divorce

    Separating Estate Plans after a Divorce
    There are many things that you must sort out and put back together after a divorce, but you should not put off separating your estate planning documents. It is vitally important that you update all of your relevant estate planning materials…
Rank this Week: 1536

Wills, Trusts and Estates Blog

Wills, Trusts and Estates Blog

Covers estate planning, estate administration, probate, trusts and wills. By the Martin Law Firm.

http://www.jbmartinlaw.com/blogs/wills-trusts-and-estates/
  • Mar 19

    Naming a Facebook Executor isn’t All You Need

    Naming a Facebook Executor isn’t All You Need
    As a follow up to a recent blog regarding how your online accounts are handled upon your death and how you can use your Last Will and Testament to prepare for this, a related topic has been getting attention in the media. Facebook has now…
  • Feb 25

    Pennsylvania Estate Planning: Its Never Too Early to Start

    Pennsylvania Estate Planning: Its Never Too Early to Start
    Pennsylvania estate planning, a concept which you may think only applies to older individuals or those with a lot of money, in reality, is a very important way for even young families to prepare for difficult and emotionally scenarios. In…
  • Feb 9

    Pennsylvania Estate Planning and Your Online Account

    Pennsylvania Estate Planning and Your Online Account
    A recent article in Philly.com discussed the importance of Facebook and social media as part of an estate plan, specifically login information. In addition to social media accounts, you should also include banking and financial information.…
Rank this Week: 1679