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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 31

    Future Changes to State Estate Taxe

    Future Changes to State Estate Taxe
    Some states that have a state estate tax have enacted laws that create continuing change the estate tax over the coming years. These changes are primarily an increase the exemption amount or to move toward repeal of the estate tax...
  • Oct 31

    Book on Federal Gift, Estate, and Generation-Skipping Transfer Taxation of Life Insurance

    Book on Federal Gift, Estate, and Generation-Skipping Transfer Taxation of Life Insurance
    Lawrence Brody & Mary Ann Mancini published the third edition of their book entitled, Federal Gift, Estate, and Generation-Skipping Transfer Taxation of Life Insurance. Provided below is a description of the book from ABA: This concise…
  • Oct 31

    CLE on SCINS and Private Annuitie

    CLE on SCINS and Private Annuitie
    The ABA Section of Real Property, Trust and Estate Law is presenting an eCLE entitled, SCINS and Private Annuities: Using Bet-to-Die Estate Planning Techniques, Thursday, November 20, 2014, 1:00 – 2:30 p.m. ET. Here is why you should…
Rank this Week: 50

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: 264

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: 215

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 31

    Salarization’s Impact on Governmental Legitimacy

    Salarization’s Impact on Governmental Legitimacy
    Nicholas R. Parrillo, Against the Profit Motive: The Salary Revolution in American Government, 1780-1940 (2013).Linda JellumAs a member of the ABA Administrative Law and Regulatory Practice Section’s Scholarship Award Committee, I would…
  • Oct 30

    Jotwell Legal Scholarship Conference Next Week

    Jotwell Legal Scholarship Conference Next Week
    Our 5th Anniversary conference on “Legal Scholarship We Like and Why It Matters” is coming up late next week. In the United States, the role of scholarship is under assault in contemporary conversations about law schools;…
  • Oct 29

    Exhausting Regulatory Arbitrage

    Exhausting Regulatory Arbitrage
    Annelise Riles, Managing Regulatory Arbitrage: A Conflict of Laws Approach, 47 Cornell Int'l. L.J. 63 (2014).Anna GelpernA recent gathering of regulators opened with a round of congratulations: bailouts were history, bail-ins were…
Rank this Week: 524

The Ohio Trust & Estate Blog

The Ohio Trust & Estate Blog

Covers estate tax, marriage, medicaid and probate. By Michael D. Bonasera.

http://www.bonasera.org
  • Dec 18

    TOMMY!

    TOMMY!
    So I’ve not posted for a while.  In fact, you’ll note that I mention in the below post that my son was about a month from arriving…  Well, arrive he did.  On 6/18/2012 Tommy arrived and, smiling almost ever…
  • May 8

    Sad Update

    Sad Update
    Its been a while since I’ve written anything here and, though I fully intend to get back to it in the coming months, a couple sad events required mentioning: MCA died last Friday.  The number of tributes available on the web make this…
  • Aug 16

    So Many Great Blogs, So Little Time

    So Many Great Blogs, So Little Time
    My Google Reader account is getting pretty full-up.  There’s so many great resources out there for estate planning that it’s getting hard to keep up!  It’s a nice problem to have I guess…
Rank this Week: 592

Nirenstein, Horowitz & Associates,…

Nirenstein, Horowitz & Associates, P.C. Blog

Covers Connecticut estate planning, probate and elder law.

http://www.preserveyourestate.net/blog/
  • Oct 31

    Is There an Estate Tax in Connecticut?

    Is There an Estate Tax in Connecticut?
    You should educate yourself about taxation when you are engaged in your estate planning efforts. The transfer taxes that exist can have a significant impact on your financial legacy if you do not take the right steps to mitigate your…
  • Oct 29

    Consider Freelancing During Retirement

    Consider Freelancing During Retirement
    Studies are being released that indicate that the baby boomer generation is to a large extent unprepared for retirement. A 2011 survey conducted by the Associated Press and LifeGoesStrong.com found that upwards of 25% of the baby boomers they…
  • Oct 26

    What Is the Uniform Probate Code?

    What Is the Uniform Probate Code?
    The probate process is something that you should understand when you are making estate planning decisions. This process would come into play if you use a last will to direct the transfer of your personally held assets. These resources would…
Rank this Week: 1651

Mendel Law Firm Blog

Mendel Law Firm Blog

Covers estate planning.

http://www.mendellawfirm.com/blog/
  • Oct 31

    Famous Estates – Legacy Champ or Chump?

    Famous Estates – Legacy Champ or Chump?
    Milton C. Shedd (1922-2002) – Businessman & Philanthropist In a life that spanned almost 80 years, Milton Shedd spent more than 3,500 days on the ocean and extracted untold numbers of striped marlin and white sea bass. But he put…
  • Oct 29

    Thought for the Day:

    Thought for the Day:
    I have learned over the years that when one’s mind is made up, this diminishes fear. Rosa Park
  • Oct 29

    Chinese Trusts?

    Chinese Trusts?
    It is obvious that different cultures have different ways of doing things and different ways of looking at the world. These differences often lead to radically different ways of thinking and reasoning about what is right. They also lead to…
Rank this Week: 1718

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 31

    Title Issues in North Carolina Estates: Joint Tenant

    Title Issues in North Carolina Estates: Joint Tenant
    This post addresses the possible issues that may develop with one way of titling property: Joint Tenants with right of survivorship (JTWROS). JTWROS provides that the interest of a decedent in the titled property will pass directly to the…
  • Oct 29

    NC Estate Planning for Single

    NC Estate Planning for Single
    As the number of cohabiting unmarried couples rises, more families have multiple generations residing in a single household, and the law develops regarding the rights of married same-sex couples in North Carolina, a large demographic of our…
  • Oct 28

    Trends in 529 College Savings Plan

    Trends in 529 College Savings Plan
    As student loan debts are at historic highs, new families are responding by investing in the next generation’s college savings. Record high funding of 529 College Savings Plans was recently reported by financial asset management company…
Rank this Week: 1077

Northern California Center for…

Northern California Center for Estate Planning and Elder Law

Covers estate planning.

http://www.norcalplanners.com/blog/
  • Oct 30

    Basic Estate Planning Questions – Why Do I Need an Estate Plan?

    Basic Estate Planning Questions – Why Do I Need an Estate Plan?
    In today’s post on basic estate planning questions we are going to turn our attention to one of the most basic estate planning questions of all. Namely, why is it that people in California need to create an estate plan? If you have been…
  • Oct 29

    Basic Estate Planning Questions – What is Elder Law?

    Basic Estate Planning Questions – What is Elder Law?
    In today’s blog post in our ongoing series on basic estate planning questions, we are going to focus a bit on the topic of elder law and why it is so important. Most people do not have much experience with elder law, and those who do…
  • Oct 28

    Basis Estate Planning Questions: What if I Don’t Have a Plan?

    Basis Estate Planning Questions: What if I Don’t Have a Plan?
    As a part of our ongoing series on basic estate planning questions, today we are going to look at what happens to your estate if you do not create a plan. If you have been reading along in our series, you know that everyone will leave behind…
Rank this Week: 1712

Florida Elder Law and Estate Blog

Florida Elder Law and Estate Blog

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

http://www.eldercarelawjacksonville.com/
Rank this Week: 4032

Law Office of Andrew M. Lamkin,…

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

Covers elder law.

http://lamkinelderlaw.com/articles/
  • Oct 30

    Estate Planning in Awkward Situation

    Estate Planning in Awkward Situation
    Estate planning provides the opportunity to ensure that certain family valuables will be divided among loved ones. This process deserves special attention even in straight-forward situations. When the distribution of an inheritance involves a…
  • 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…
Rank this Week: 1918

German Law Group Blog

German Law Group Blog

Covers estate planning.

http://www.germanlawgroup.com/
  • Oct 30

    How Is Property Distributed When There Is No Last Will?

    How Is Property Distributed When There Is No Last Will?
    Studies are conducted periodically that attempt to put a finger on the pulse of the estate planning preparedness of adults in America. Unfortunately, they consistently find that most people do not have a last will in place. How would your…
  • Oct 28

    What Is a Qualified Domestic Trust?

    What Is a Qualified Domestic Trust?
    You must be aware of the lay of the land when it comes to the federal estate tax when you are planning your estate. This tax is a very big deal to people who have been able to accomplish an extraordinary level of financial success. There is a…
  • 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…
Rank this Week: 1779

Kuhn and Kuhn Law Firm Blog

Kuhn and Kuhn Law Firm Blog

Covers estate planning.

http://www.kuhnandkuhn.com/blog/
  • Oct 30

    Differences Between Legal Separation and Divorce in South Carolina

    Differences Between Legal Separation and Divorce in South Carolina
    If  you are legally married, you and your spouse are partners in the eyes of the law. You cannot just sever this partnership without taking some type of official action. For most couples, divorce is the action taken to end their…
  • Oct 28

    Parenting Agreements in South Carolina Divorce

    Parenting Agreements in South Carolina Divorce
    In 2012, the laws on child custody in South Carolina changed when H 4614 was signed into law in June. The purpose of the new legislation was to define sole and joint custody. The law also imposed a new requirement on parents. Parents…
  • Oct 27

    South Carolina Family Court Jurisdiction

    South Carolina Family Court Jurisdiction
    In South Carolina, the Family Court has exclusive jurisdiction to handle all matters involving domestic and family relationships, including: Separate Maintenance and Support When you and your spouse have physically separated but do not yet…
Rank this Week: 1717

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 30

    October 30 Is Create a Great Funeral Day

    October 30 Is Create a Great Funeral Day
    Create a Great Funeral Day offers time to consider how you would like to be remembered and let loved ones know how you’d like your life celebrated. With advanced planning and discussion, the survivors’ experience can be so much…
  • Oct 28

    Gubernatorial Veto Impacts Many Medi-Cal Beneficiarie

    Gubernatorial Veto Impacts Many Medi-Cal Beneficiarie
    Medicaid is a jointly administered federal/state government health insurance program. In the state of California, this program is called Medi-Cal. Medi-Cal is a program that is only available to people who can prove that they have significant…
  • 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…
Rank this Week: 1719

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 29

    Using Celebrity Stories Is A Great Way To Bring Up Estate Planning

    Using Celebrity Stories Is A Great Way To Bring Up Estate Planning
    MarketWatch.com recently featured an interesting article about the benefits that families gain by having the estate planning conversation early. Not only does it improve family relationships, it helps sets the stage and prepares family…
  • 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.…
Rank this Week: 1132

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 29

    What Do I Do After Someone Dies on Long Island – Introduction

    What Do I Do After Someone Dies on Long Island – Introduction
    Handling the First Days After Losing a Loved One Nearly everyone is confused about what they should do when a loved one has died. In some cases you may be in shock and be grieving, but it is wise to make sure that everything gets done…
  • 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…
Rank this Week: 3476

Murphy's Law Blog

Murphy's Law Blog

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

http://www.noreenmurphylaw.com/blog/
  • Oct 29

    Why You Should Keep Your Will Up to Date

    Why You Should Keep Your Will Up to Date
    Your life isn’t stagnant. Why should your will be? After all, a Last Will and Testament is really a reflection of the life you lead — the things you own, the people love you, and the place you call home. But … Continue…
  • Oct 26

    Social Security Increase for 2015

    Social Security Increase for 2015
    Social Security announced this week that 2015 benefits will increase by 1.7%. The increase is ties to the Cost of Living Adjustment, and will begin on December 31, 2014. All changes to Social Security for 2015
  • 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…
Rank this Week: 3600

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/
  • Oct 29

    Revocable Trusts and Asset Protection

    Revocable Trusts and Asset Protection
    Many times we get questions from clients asking if their revocable trust provides asset protection from creditors. The answer to this is the typical legal answer "It Depends". That is it depends on who owes the money. In Florida a…
  • Oct 28

    Florida Probate Intake form

    Florida Probate Intake form
    Many of our clients have asked us to put our Florida Probate Intake form online so that they can easily download it. You can download the Florida Probate Intake form with the following link: Probate Intake Form.pdf
  • 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…
Rank this Week: 933

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 28

    The State of State Estate Taxe

    The State of State Estate Taxe
    Most people know that there is a federal estate tax (the dreaded “death tax”). But many are surprised to learn that some states (including Illinois) also have a separate (and additional) state estate tax. The federal estate tax…
  • 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…
Rank this Week: 1752

New York Probate and Estate…

New York Probate and Estate Administration Blog

Published by Stephen Bilkis & Associates

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

    Objectant Seeks Order Dismissing Probate Proceeding

    Objectant Seeks Order Dismissing Probate Proceeding
    A New York Probate Lawyer said that, in this contested probate proceeding, petitioner seeks a declaration that the proceeding was commenced on December 8, 2005, before the commencement of a probate proceeding in Arizona. Objectant seeks an…
  • Oct 26

    Court Rules on Holdover Proceeding

    Court Rules on Holdover Proceeding
    A New York Probate Lawyer said this is a probate proceeding where the decedent's son, who is the sole distributee and the sole income beneficiary of a testamentary trust consisting of the entire residuary estate, seeks to revoke his waiver…
  • Oct 25

    petitioners Move to Withdraw Petition for Probate

    petitioners Move to Withdraw Petition for Probate
    A New York Probate Lawyer said this is a proceeding where petitioners move to withdraw their petition to probate a copy of a testamentary instrument as a lost will pursuant to SCPA 1407and have letters of administration issue instead. The…
Rank this Week: 3079

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: 2438

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 26

    When Doing it Yourself (Medicaid) Can Take You Only So Far

    When Doing it Yourself (Medicaid) Can Take You Only So Far
         We got a call the other day from Joe.  He had prepared and filed his mother’s Medicaid application himself.    From what he told us, it sounded like he did a great job.      He had…
  • 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…
Rank this Week: 1584

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: 3994

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: 4508

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: 4886

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: 3531

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: 1957

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: 3663

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: 1472

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: 4505

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: 1262

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: 4239

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: 2694

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: 4147

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: 3911

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: 2372

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: 1211

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: 3266

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: 3282

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: 3998

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: 4186

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: 4022

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: 2702

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: 4550

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: 2828