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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 22

    Article on Tax Equality in a Post-Windsor World

    Article on Tax Equality in a Post-Windsor World
    Anthony C. Infanti (University of Pittsburgh School of Law, Associate Dean and Professor of Law) recently published an article entitled, The Moonscape of Tax Equality: Windsor and Beyond, 108 Nw. L. Rev. 3, 1115-1135 (2014). Provided below is…
  • Oct 22

    Paying For Elder Care

    Paying For Elder Care
    The federal health insurance program for Americans over the age of 65 does not cover everything. For example, long-term custodial care to assist with “activities of daily living,” which might include bathing, dressing, and eating, is not…
  • Oct 22

    Son Accused of Shooting Parents, Sister Over Inheritance

    Son Accused of Shooting Parents, Sister Over Inheritance
    A 19-year-old Oklahoma College Student has been arrested and charged in connection with a shooting that resulted in the death of his immediate family. Prosecutors believe that Alan Hruby shot and killed his parents and sister in order to…
Rank this Week: 61

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: 248

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: 251

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 22

    Tort Liability as Compensation

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

    Evaluating the Efficacy of Nonmonetary Tax Penaltie

    Evaluating the Efficacy of Nonmonetary Tax Penaltie
    Joshua D. Blank, Collateral Compliance, 162 U. Pa. L. Rev. 719 (2014).Kristin HickmanMonetary penalties for noncompliance are a routine feature of the tax laws. The tax literature includes extensive debate over different ways of structuring…
  • Oct 20

    Green Go! – The Military’s Sustainability Mission

    Green Go! – The Military’s Sustainability Mission
    ­­Sarah E. Light, The Military-Environmental Complex, 55 B.C. L. Rev. 879 (2014).Felix Mormann“Green Go!” The U.S. battle cry in the Mexican-American War that, according to some etymologists, earned Americans their…
Rank this Week: 346

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: 460

Florida Estate Planning Lawyer…

Florida Estate Planning Lawyer Blog

Covers estate planning, probate, taxes, elder law, business law and employment law issues. By Law Office of David M. Goldman PLLC.

http://www.floridaestateplanninglawyerblog.com/
  • Sep 30

    4th DCA and Charging Order Protection for Florida LLC

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

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

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

    Estate Planning: Dealing with your digital death instead of before

    Estate Planning: Dealing with your digital death instead of before
    Portland company WebCease is making waves in the probate and estate-planning community by helping attorneys and grieving families locate the deceased's digital accounts. CEO Glenn Williamson aims to be the first to provide this service to…
Rank this Week: 572

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 20

    Gifting Trends Among Wealthy

    Gifting Trends Among Wealthy
    How and why individuals choose to donate to charities are influenced by several factors. Tax incentives for charitable giving are believed to be driving gifting trends, but there are also personal values and family legacies to consider.…
  • Oct 9

    Same-Sex Marriage Update

    Same-Sex Marriage Update
    On Monday, during its first day in session, the Supreme Court declined to hear seven pending appeals from federal appellate courts regarding same-sex marriage. The denials, which came without comment, mean that there is still no declaration…
  • Sep 10

    Business Succession Options in North Carolina

    Business Succession Options in North Carolina
    Business succession plans address the future growth or disposition of the business upon a planned succession, or the death or incapacitation of the owner. Transitioning a business under these circumstances requires careful review and…
Rank this Week: 610

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: 722

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: 1358

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: 1305

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: 1439

Michigan Estate Planning Lawyer…

Michigan Estate Planning Lawyer Blog

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

http://www.michiganestateplanninglawyerblog.com/
  • Sep 24

    Tax Filing Tips for Same-Sex Couples in Oakland County

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

    Obamacare: GOP’s NEW plan to repeal and replace

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

    Gifts for Caregivers: Music, Magazines and Informative Video

    Gifts for Caregivers: Music, Magazines and Informative Video
    Gifts for caregivers are a great way to show your appreciation of their hard work! By Chris Berry Music is another one of the many wonderful gifts for caregivers. It has been show to help heal, reduce stress, and enhance … Continue…
Rank this Week: 1599

California Tax Attorney Blog

California Tax Attorney Blog

Covers tax controversies involving the IRS and California Franchise Tax Board, as well as California probate, estate planning matters and business transactions. By Mitchell A. Port.

http://www.californiataxattorneyblog.com/
  • Sep 2

    Test Entry

    Test Entry
    Testing schedule feature
  • Aug 30

    For Federal Tax Purposes, All Legal Same-Sex Marriages Will Be Recognized

    For Federal Tax Purposes, All Legal Same-Sex Marriages Will Be Recognized
    The U.S. Department of the Treasury and the Internal Revenue Service (IRS) ruled yesterday that same-sex couples, legally married in jurisdictions that recognize their marriages, will be treated as married for federal tax purposes. The ruling…
  • Dec 29

    Gifts Made By Personal Check

    Gifts Made By Personal Check
    A check written in 2012 that does not clear until 2013 is at risk of being a 2013 gift, not a 2012 gift, since the donor could have stopped payment in 2013 before it cleared. The issue with using checks to make gifts is that until the check…
Rank this Week: 1607

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: 1698

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: 1781

Smarter Will Blog

Smarter Will Blog

Provides estate planning and probate news.

http://www.smarterwill.com/estate-planning-news/
  • May 23

    Holographic Wills: Legal in Illinois?

    Holographic Wills: Legal in Illinois?
    Holographic wills (wills that are entirely handwritten) are not generally recognized as valid wills in the state of Illinois. Why? It's not because they're handwritten, but because holographic wills are usually not 'witnessed' properly (the…
  • May 9

    Organ Donation Process in Illinoi

    Organ Donation Process in Illinoi
    Did you know that Illinois has a fairly new organ donation process, and that even if you've registered before to be an organ donor, you may need to re-register under the new system? In 2006 (only 5 years ago), a new Illinois organ donation…
  • Apr 25

    Pulling the Plug: Illinois Law That Make it Possible

    Pulling the Plug: Illinois Law That Make it Possible
    Everyone has the right to live. But does everyone have the right to die? Dying on your own terms (or “pulling the plug”) is a privilege granted at the state level. But it requires advance planning. Every state has different rules on how…
Rank this Week: 1806

Mendel Law Firm Blog

Mendel Law Firm Blog

Covers estate planning.

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

    Hidden Gold and Intestate Succession

    Hidden Gold and Intestate Succession
    We have told you before that under the laws of Intestate succession your estate is distributed to your closest living relatives if you pass away without an estate plan or at least a Will. However, what we haven’t told you is that it is…
  • Oct 21

    Texas History – Do You Know When the First Time an Airplane Was Used for Military Purposes?

    Texas History – Do You Know When the First Time an Airplane Was Used for Military Purposes?
    During February and March of 1911, the aviation section of the U.S. Army was attached to a military force along the Rio Grande River, and for the first time in American history an airplane was used for military purposes, and the use occurred…
  • Oct 20

    The Triathlon Journey Continue

    The Triathlon Journey Continue
    Dear Family, Friends, Clients & Colleagues: It has been awhile since I wrote about one of my triathlons, so I thought I would share a story about one of my recent events. I hope you enjoy it. Thanks Stephen A. Mendel…
Rank this Week: 2059

Law Office of Roy W. Litherland…

Law Office of Roy W. Litherland Blog

Covers estate planning, probate and living trusts.

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

    Should I Have a Durable Power of Attorney?

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

    How Is Property Distributed When There Is No Last Will?

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

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

    Free Report: Why Should I Have A Durable Power of Attorney in California
    A truly comprehensive estate plan will address the eventualities that you may face during the latter portion of your life. Topics covered in this whitepaper include: Incapacity Planning California Adult Conservatorship Durable Powers of…
Rank this Week: 2064

Northern California Center for…

Northern California Center for Estate Planning and Elder Law

Covers estate planning.

http://www.norcalplanners.com/blog/
  • Oct 21

    What Is an Executor?

    What Is an Executor?
    Probate is a legal process that comes into play if you use a last will to facilitate asset transfers after you pass away. When you create a last will, you name an executor. This is the person who will handle the estate administration…
  • Oct 20

    What Is the Difference Between a General and a Limited Power of Attorney?

    What Is the Difference Between a General and a Limited Power of Attorney?
    Powers of attorney are used throughout the legal field for various different reasons. There are different types of powers of attorney, and you should understand the distinctions so that you can make informed decisions. With this in mind,…
  • Oct 19

    What Is a Supplemental (Special) Needs Trust?

    What Is a Supplemental (Special) Needs Trust?
    A supplemental needs trust, also known as a special needs trust, is a type of trust that can be used to provide resources for the benefit of a loved one with a disability who is enrolled in government benefit programs. We will look…
Rank this Week: 2057

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: 1991

The Probate Lawyer Family Feud…

The Probate Lawyer Family Feud Blog

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

http://www.probatelawyerblog.com/
  • Oct 20

    Could The Amanda Bynes Dilemma Happen In Your Family?

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

    Dispute Over Where To Bury Casey Kasem Teaches Lesson

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

    Tom Clancy Estate In Family Fight Due To Poor Estate Planning

    Tom Clancy Estate In Family Fight Due To Poor Estate Planning
    Anyone who knows who CIA analyst Jack Ryan is likely appreciates the work of late author Tom Clancy. Called the "father of the techno-thriller," Clancy's career took off with his first novel, The Hunt for Red October. His career -- spawning…
Rank this Week: 1952

New York Probate and Estate…

New York Probate and Estate Administration Blog

Published by Stephen Bilkis & Associates

http://www.newyorkprobateestateadministration.com/
  • Oct 14

    Summary Judgment Motion Filed Based on Testamentary Capacity

    Summary Judgment Motion Filed Based on Testamentary Capacity
    A New York Probate Lawyer said in this Will Contest proceeding, the decedent died in May 2006, survived by his wife and their two children, the proponent and the objectant. The wife suffers from Alzheimer's disease. Her cousin and an…
  • Oct 13

    Respondent Allegedly Fails to Comply with Document Production Request

    Respondent Allegedly Fails to Comply with Document Production Request
    A New York Probate Lawyer said one of the decedent's sons, the objectant in a probate proceeding and the petitioner in an administration proceeding that was consolidated with the probate proceeding, has now noticed for settlement a decree…
  • Oct 13

    court Decides if Will Should be Barred by the Statute of Limitation

    court Decides if Will Should be Barred by the Statute of Limitation
    A New York Probate Lawyer said that, this is a proceeding to vacate a decree of probate and to allow the petitioners to withdraw the waivers of process, consents to probate they executed on May 17, 1999. The petitioners are the decedent's…
Rank this Week: 1888

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: 2039

Estate of Confusion

Estate of Confusion

Covers developments in estate planning and wealth transfer taxes. By Hani Sarji.

http://www.forbes.com/sites/hanisarji/
Rank this Week: 1977

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: 1955

Florida Elder Law and Estate Blog

Florida Elder Law and Estate Blog

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

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

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

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

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

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

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

    How Much Do I Have to Pay the Nursing Home if my Parent is on Florida Medicaid?
    Today I’m going to answer the question, “How much do I have to pay the nursing home when my parent is on Florida Medicaid?” In order to reach this answer to this question, we need to cover a couple key points. First we need…
Rank this Week: 2260

German Law Group Blog

German Law Group Blog

Covers estate planning.

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

    What Is a Guardianship?

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

    How Long Does the Probate Process Take?

    How Long Does the Probate Process Take?
    You may assume that you should use a last will to facilitate future asset transfers. If you do use a last will to state your final wishes regarding the distribution of your property, the will must be admitted to probate. The estate…
  • Oct 14

    What Is an Irrevocable Trust?

    What Is an Irrevocable Trust?
    Various different types of trusts are used in the field of estate planning. There are revocable trusts, and there are irrevocable trusts. In this post we will look at the value of irrevocable trusts. Federal Estate Tax There is a federal…
Rank this Week: 2406

Law Offices of Robert H. Glorch…

Law Offices of Robert H. Glorch Blog

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

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

    National Estate Planning Awareness Week is October 20-26

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

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

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

    Big Internet Companies Oppose FADA Legislation — Really!?!

    Big Internet Companies Oppose FADA Legislation — Really!?!
    In July I discussed and lauded the recent adoption of the Uniform Fiduciary Access To Digital Assets (FADA) Act. FADA is not a law in itself, but is intended to provide uniform model legislation for states to enact to vest fiduciaries…
Rank this Week: 2394

New York Probate Lawyer Blog

New York Probate Lawyer Blog

By Jules Martin Haas.

http://www.newyorkprobatelawyerblog.com/
  • 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…
  • Oct 1

    New York Estate Litigation Often Concerns Real Property

    New York Estate Litigation Often Concerns Real Property
    The settlement of a New York estate involves dealing with many different estate assets.  These assets may include bank accounts, stocks and bonds and retirement funds.  In many instances the most valuable item comprising a…
Rank this Week: 2204

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: 2333

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: 2373

Los Angeles Estate, Probate And…

Los Angeles Estate, Probate And Tax Law Blog

Covers estate planning, tax and probate law. Published by Moravecs, a Professional Law Corporation.

http://losangelesestateprobatelawyer.blogspot.com/
Rank this Week: 2084

Georgia Wills and Probate Law Blog

Georgia Wills and Probate Law Blog

Features news and thoughts on issues in Georgia regarding wills, advance directives, living wills, healthcare powers of attorney, guardianship, and probate. By Stephen Worrall.

http://www.georgiawillslaw.com/
  • Nov 18

    We're Moving!

    We're Moving!
    I am consolidating the content of all of our blogs at our Georgia Family Law website. Please join us there for new posts and to find all of our old posts.
  • Aug 9

    Atlanta Attorney Says Prepare Now For Year-End Changes to Estate Tax Law

    Atlanta Attorney Says Prepare Now For Year-End Changes to Estate Tax Law
    The expiration of key laws in Congress may expose more local individuals to estate or “Death Taxes” after their passing.  Atlanta attorney, Steve Worrall explains these anticipated changes, as well as steps Georgia residents can take now…
  • Aug 9

    Atlanta Attorney Says Prepare Now For Year-End Changes to Estate Tax Law

    Atlanta Attorney Says Prepare Now For Year-End Changes to Estate Tax Law
    The expiration of key laws in Congress may expose more local individuals to estate or “Death Taxes” after their passing.  Atlanta attorney, Steve Worrall explains these anticipated changes, as well as steps Georgia residents can take now…
Rank this Week: 2192

Liberty Law Blog

Liberty Law Blog

Covers estate planning, estate taxes, probate and trusts.

http://www.libertylawapc.com/blog
  • Aug 6

    Successfully Passing the Family Business to Children

    Successfully Passing the Family Business to Children
    Some good reminders from www.estateplanning.com on the importance of being prepared to pass the family business to your kids: If you own and operate a business, you need to have a plan for the future of the business in the event you become…
  • Jun 28

    The Importance of Reviewing Beneficiary Designation

    The Importance of Reviewing Beneficiary Designation
    Did you know that if you do not properly designate beneficiaries on assets like life insurance & retirement accounts – those assets may be distributed to your “estate” instead of your intended beneficiary? This can increase the…
  • Jun 13

    Even young adults should plan their Estate

    Even young adults should plan their Estate
    Good summary article here on why its important for young adults to think about getting some basic documents in place. Tweet
Rank this Week: 2269

Hauptman and Hauptman, P.C. Blog

Hauptman and Hauptman, P.C. Blog

Covers guardianship, Medicaid, probate and estate administration.

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

    Changes to New Jersey Medicaid Coming November 1 (Maybe)

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

    Changes to New Jersey Medicaid Coming November 1

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

    New Jersey Supreme Court Recognizes the Value of Special Needs Planning

    New Jersey Supreme Court Recognizes the Value of Special Needs Planning
                    Sometimes as elder and disability attorneys we are criticized for helping our clients qualify for, or in some cases maintain, government needs based…
Rank this Week: 2799

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: 2435

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: 2557

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: 2484

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: 2762

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: 2827

Scott Law Group

Scott Law Group

Covers bankruptcy, probate estates, and general litigation.

http://scottlawgroup.com/
  • Feb 27

    Alimony Reduced Because 18 Year Old Son Lived with Mother. NO WAY says Appellate Court

    Alimony Reduced Because 18 Year Old Son Lived with Mother. NO WAY says Appellate Court
    Transitional Alimony reduced by trial court because mother didn't kick her 18 year old son out of the house. Tennessee Court of Appeals says NO. Reverses decision, reinstates alimony.
  • Dec 12

    Child Pornography Charges Filed Against Sen. Lamar Alexander’s Chief of Staff

    Child Pornography Charges Filed Against Sen. Lamar Alexander’s Chief of Staff
    US Postal Inspection Service arrested Senator Lamar Alexander’s Chief of Staff Ryan Loskarn on charges of possession and distribution of child pornography charges. He has been fired from his job as Chief of Staff.
  • Jun 19

    Arizona Voter Case May Seriously Impact Tennessee Election

    Arizona Voter Case May Seriously Impact Tennessee Election
    The US Supreme Court decision on the Arizona voter case may impact Tennessee election authority by prohibiting enforcement of the requirement to be a US citizen before voting in Tennessee. On June 17, 2013 the US Supreme Court decided the…
Rank this Week: 2439

Utah Estate Planning

Utah Estate Planning

Covers estate planning, probate, trusts and wills in Utah. By Jason C. Hunter.

http://www.utahestateplanning.typepad.com/
  • Aug 22

    The Joy Of Inheriting Appreciated Property

    The Joy Of Inheriting Appreciated Property
    When you inherit property, such as a house or stocks, the property is usually worth more than it was when the original owner purchased it. If you were to sell the property, there could be huge capital gains taxes. Fortunately, when you…
  • Aug 21

    When PODs Go BAD

    When PODs Go BAD
    Are payable on death accounts a simple way to pass assets to heirs or are they a mistake? It sure sounds simple. With a payable on death account or paid on death account, you name a beneficiary who gets the account when you die—no probate,…
  • Aug 20

    QPRT Consideration

    QPRT Consideration
    Among those with wealth primarily concentrated in their home or investment portfolio, there are two types of trusts designed to transfer wealth to heirs and save taxes by removing the assets from the estate. In effect, this reduces the amount…
Rank this Week: 2522

New York Guardian Law

New York Guardian Law

Covers the guardianship process and life as a guardian. By the Law Office of Daniel A. Jimenez P.C.

http://nyguardian.blogspot.com/
  • Jan 9

    Estate Planning Essentials for New Parents (or Responsibility in Six Not So Difficult Steps)

    Estate Planning Essentials for New Parents (or Responsibility in Six Not So Difficult Steps)
    I have had the opportunity to meet with many new parents to discuss what steps they need to take in order to make sure their loved ones are provided for should the unexpected occur.  The trust that these individuals have placed in my…
  • Dec 3

    Calls for increased monitoring of Article 81 guardian

    Calls for increased monitoring of Article 81 guardian
    Today the New York Law Journal has an article relating to a clinic run by the Benjamin N. Cardozo School of Law and the recommendations it has put forward regarding monitoring and standardization of Article 81 guardianship practice. I am…
  • Sep 19

    Who inherits the intangible iTunes library? or my World of Warcraft avatar?

    Who inherits the intangible iTunes library? or my World of Warcraft avatar?
    A friend of mine just pointed out a very interesting article on Marketwatch, who inherits your itunes library, which deals with the new reality of music and book ownership. 
Rank this Week: 2706

Nirenstein, Horowitz & Associates,…

Nirenstein, Horowitz & Associates, P.C. Blog

Covers Connecticut estate planning, probate and elder law.

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

    What Is an Authorization for Final Disposition?

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

    This Week Is National Estate Planning Awareness Week

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

    What Is the Medicaid Maximum Asset Limit?

    What Is the Medicaid Maximum Asset Limit?
    Even if you expect to qualify for Medicare as a senior citizen, you should still understand a bit about the Medicaid program. This is because of the fact that Medicare will not pay for living assistance. Most seniors will eventually need help…
Rank this Week: 3021

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 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.…
  • Sep 26

    The Blessing of Planning Ahead

    The Blessing of Planning Ahead
    Most of my clients are healthy when they contact me. Estate planning is something in which they are engaging as a precautionary measure rather than because they expect to die within a short amount of time. But not always. Occasionally,…
Rank this Week: 3319