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Wills, Trusts & Estates Prof…

Wills, Trusts & Estates Prof Blog

By Texas Tech University School of Law Professor Gerry W. Beyer.

http://lawprofessors.typepad.com/trusts_estates_prof/
  • Apr 16

    Changes in Irrevocable Trust

    Changes in Irrevocable Trust
    In recent years, many states have been updating their trust laws, thus providing new and simplified techniques to help trustees fare with challenges of administering irrevocable trusts. The following two techniques can assist advisors in…
  • Apr 16

    5 Estate-Planning Mistakes to Avoid

    5 Estate-Planning Mistakes to Avoid
    Common mistakes made on an estate plan can be costly. Some errors can compromise what your heirs inherit when you die, and other mistakes may leave you vulnerable if you become incapacitated. To ensure your estate does not fall victim...
  • Apr 16

    Out of the Ordinary Obituary

    Out of the Ordinary Obituary
    Instead of a traditional obituary, Sweden’s Stig Kernell instead published one simple line: “I am dead.” Kernell was 92 when he passed. His son said he had a great sense of humor and wasn’t afraid of death. Although Kernell wanted...
Rank this Week: 164

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: 365

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
  • Apr 2

    Murdered Businessman Leaves Widow, Seven Children And No Will

    Murdered Businessman Leaves Widow, Seven Children And No Will
    Today's Daily News reports that Menachem Stark, a Brooklyn businessman and landlord who was murdered in January died intestate. While it appears that his partners may contribute to cover his substantial debts in a bankruptcy proceeding, his…
  • Mar 30

    Times Features Comprehensive Article on Trust

    Times Features Comprehensive Article on Trust
    The New York Times has published a rather comprehensive, if brief, overview of trusts. For those of you who find all of the acronyms we use to describe various trusts, this may prove to be very helpful. your  lawblogger would add a…
  • Nov 24

    Public Administrator Sues Beth Israel Hospital For 100 Million Dollars On Behalf of Hugette Clark Estate

    Public Administrator Sues Beth Israel Hospital For 100 Million Dollars On Behalf of Hugette Clark Estate
    For some time we have been following the bizarre story of Hugette Clark, the reclusive mining heiress who died in 2011 at the age of 104. She had lived for years in Beth Israel Hospital in Manhattan, running up hospital bills in the millions…
Rank this Week: 454

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

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

http://jotwell.com/
  • Apr 16

    Rethinking the Role of Agencies in Private Regulatory Enforcement

    Rethinking the Role of Agencies in Private Regulatory Enforcement
    David Freeman Engstrom, Agencies as Litigation Gatekeepers, 123 Yale L. J. 616 (2013).Mark SeidenfeldOver the past several decades, many scholars have weighed in on benefits and detriments of authorizing private parties to sue to enforce…
  • Apr 15

    Employer Retaliation Policies and the Retaliation Catch-22

    Employer Retaliation Policies and the Retaliation Catch-22
    Deborah L. Brake, Retaliation in an EEO World, 89 Ind. L.J. 115 (2014).Alex B. LongWhistleblowers and workplace retaliation victims continue to make headlines in the national media. From Edward Snowden to NFL players Chris Kluwe and…
  • Apr 14

    The Supreme Court Flunks Again

    The Supreme Court Flunks Again
    John H. Langbein, Destructive Federal Preemption of State Wealth Transfer Law in Beneficiary Designation Cases: Hillman Doubles Down on Egelhoff, Vand. L. Rev. (forthcoming, 2014), available at SSRN.Tom GallanisNearly twenty-five years ago,…
Rank this Week: 517

Nirenstein, Horowitz & Associates,…

Nirenstein, Horowitz & Associates, P.C. Blog

Covers Connecticut estate planning, probate and elder law.

http://www.preserveyourestate.net/blog/
  • Apr 16

    Inheritance Tax Vs. Estate Tax

    Inheritance Tax Vs. Estate Tax
    A lot of people think that an estate tax and an inheritance tax are one and the same, but in fact they are two different things and we would like to clear up the distinctions here. The estate tax is levied on the entirety of the estate before…
  • Apr 14

    What Is Your Net Worth?

    What Is Your Net Worth?
    Financial planning attorneys will advise you to remain apprised of your net worth at all times. There are a number of different reasons for this, and one of them is the fact that you need to know exactly where you are in the present to…
  • Apr 11

    The Estate of Ed Koch

    The Estate of Ed Koch
    The former mayor of the city of New York Ed Koch died on February 1st at the age of 88. He actually served three terms as the mayor of the city after serving as a member of the United States House of Representatives. More often than not you…
Rank this Week: 587

All About Estates

All About Estates

Covers estates, trusts, tax, litigation, guardianship and elder care.

http://www.allaboutestates.ca/
  • Apr 16

    Giving Thank

    Giving Thank
    This week many families will gather together to celebrate Spring and the holidays that are celebrated at this time of year. Who will be around your table this year?
  • Apr 15

    Forgotten Bank Account

    Forgotten Bank Account
    What happens to unclaimed bank accounts?
  • Apr 11

    Mickey Rooney’s Estate and Shedding Light on Financial Elder Abuse

    Mickey Rooney’s Estate and Shedding Light on Financial Elder Abuse
    It is not surprising that Mickey Rooney’s estate may become embroiled in litigation.  Mr. Rooney was married nine times; he was survived by a number of children and stepchildren, and was estranged from his current wife at the time…
Rank this Week: 612

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: 728

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: 726

Florida Estate Planning Lawyer…

Florida Estate Planning Lawyer Blog

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

http://www.floridaestateplanninglawyerblog.com/
  • Mar 17

    Undue Influence Florida

    Undue Influence Florida
    We often get questions about contesting a will because of Undue influence in Florida. Undue influence is a cause of action that is used to challenge the validity of a will, trust, or other testamentary document. You can not challenge a will…
  • Dec 26

    How can I find a copy of my parent's will or life insurance?

    How can I find a copy of my parent's will or life insurance?
    We get many calls from children who want to know where they can get a copy of their parent's will or find out if they had life insurance. First, if your parent is alive, you have no right to demand or see a copy of your parent's will. While…
  • Oct 24

    Improper gift to a lawyer in a will or other estate instrument void

    Improper gift to a lawyer in a will or other estate instrument void
    New Florida Statutes §732.806, which is effective October 1, 2013, makes an improper gift to a lawyer in a will or other estate instrument void. The new statutory provision is here:…
Rank this Week: 772

North Carolina Estate Planning…

North Carolina Estate Planning Blog

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

http://www.ncestateplanningblog.com/
  • Apr 15

    IRA Custodian Not Responsible for RMD

    IRA Custodian Not Responsible for RMD
    Failing to take a Required Minimum Distribution (RMD) results in a penalty for the account owner. IRA account custodians are only responsible for notifying owners of their RMD; the owner must take the steps necessary to draw a distribution.…
  • Mar 31

    3 Requirements for NC Long-Term Care Insurance Policie

    3 Requirements for NC Long-Term Care Insurance Policie
    Time and research is required to understand elder care in North Carolina. Individuals starting to explore long-term care insurance may not realize that North Carolina imposes several requirements on insurance providers. These requirements…
  • Mar 28

    Last-Minute Tax Review for Same-Sex Couple

    Last-Minute Tax Review for Same-Sex Couple
    As Americans across the country prepare tax returns in the final days before April 15th, married same-sex couples face unique tax filing requirements. The Internal Revenue Service released a video for same-sex couples that outlines the…
Rank this Week: 848

New York Probate and Estate…

New York Probate and Estate Administration Blog

Published by Stephen Bilkis & Associates

http://www.newyorkprobateestateadministration.com/
  • Apr 13

    Court Rules on Reasonable Attorneys Fees in Probate Case

    Court Rules on Reasonable Attorneys Fees in Probate Case
    A New York Probate Lawyer said that, the decedent died on June 4, 1931, a resident of Nassau County. His will dated November 26, 1930 was admitted to probate by decree dated June 15, 1931. The will created a trust for the benefit of the…
  • Apr 12

    Court Rules on Action to Vacate Deed

    Court Rules on Action to Vacate Deed
    A New York Probate Lawyer this is an action to vacate a deed or, in the alternative, impress a constructive trust, which was originally commenced by RM, as executor of the estate of MM, in the Supreme Court of Nassau County. The proceeding…
  • Apr 10

    Respondent Contends Court Lacks Subject Matter Jurisdiction

    Respondent Contends Court Lacks Subject Matter Jurisdiction
    In this Will Contest case, a motion by the executor for an order consenting to a transfer to this court of an action currently is pending in Supreme Court, New York County. Respondent argues that this court lacks subject matter jurisdiction…
Rank this Week: 1210

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
  • Mar 26

    We fix $499 Trust

    We fix $499 Trust
    I was reading the paper the other day and I saw an ad for a $499 trust. This blog post is not specifically saying that trust company is bad because I have no idea. That $499 trust may be the … Continue reading →The post We fix…
  • Mar 17

    Ten characteristics of a good trustee

    Ten characteristics of a good trustee
    When I go through the estate planning questionnaire with a client I suggest they think long and hard before selecting their trustee. In fact, if they hesitate for a split second when naming someone I ask about it. For example, ……
  • Mar 5

    Starting probate as a creditor

    Starting probate as a creditor
    I have a new case where the decedent’s son contacted me about starting a probate. He wasn’t quite ready as he had other things going on in life. Well, last week he called, in a panic, because one of his … Continue reading…
Rank this Week: 1253

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: 1346

Texas Wills and Trusts Law Online

Texas Wills and Trusts Law Online

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

http://www.texaswillsandtrustslaw.com
  • Apr 16

    The Importance of Estate Planning in Non-Traditional Familie

    The Importance of Estate Planning in Non-Traditional Familie
    I got a heartbreaking call this week from a woman whose fiancé had recently died. They had been a couple for many years, and were the parents of an infant son, but they had never gotten around to getting married. Her fiancé had…
  • Apr 9

    The Cost of a Do-It-Yourself Will

    The Cost of a Do-It-Yourself Will
    I have written before about the risks of do-it-yourself estate planning and explained how people who use do-it-yourself solutions end up with a false sense of security. They create documents that they believe will address their needs but wind…
  • Mar 26

    What Is An Estate?

    What Is An Estate?
    Many years ago, a neighbor’s teenaged daughter asked me what type of law I practiced. When I told her I focused on estate planning, she looked at me bewildered. “You mean, like mansions?” she asked. It was clear she was…
Rank this Week: 1536

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/
  • Jul 3

    How to Start Estate Planning Conversations with Your Aging Parent

    How to Start Estate Planning Conversations with Your Aging Parent
    There are several aspects of estate planning in Florida that are less than fun, and that means that a lot of people choose to put the process off indefinitely.  There’s the need to gather a lot of documentation together, pay for an estate…
  • Jul 3

    How to Start Estate Planning Conversations with Your Aging Parent

    How to Start Estate Planning Conversations with Your Aging Parent
    There are several aspects of estate planning in Florida that are less than fun, and that means that a lot of people choose to put the process off indefinitely.  There’s the need to gather a lot of documentation together, pay for an…
  • May 29

    10 Costly Application Mistakes that Delay VA Improved Pension with Aid and Attendance Approval

    10 Costly Application Mistakes that Delay VA Improved Pension with Aid and Attendance Approval
      As easy as it may appear on first sight through their online portal, applying for VA Aid and Attendance is not easy as sending the online form.  Here are mistakes that will cost you when completing your application.     Costly…
Rank this Week: 1551

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: 1579

San Diego Estate Planning Lawyer…

San Diego Estate Planning Lawyer Blog

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

http://www.sandiegoestateplanninglawyerblog.com/
  • Apr 11

    Never Wait Until the Last Minute to Make a Will

    Never Wait Until the Last Minute to Make a Will
    Ideally, estate planning is something you do long before it becomes necessary. It is never a good idea to wait until you are on your deathbed to make a will. You may run out of time before you can execute a will that meets with the legal…
  • Apr 10

    What You Need to Know about Estate Planning and “The Cloud”

    What You Need to Know about Estate Planning and “The Cloud”
    In the Internet age, your estate no longer includes just physical property but digital assets like social media accounts, cloud storage and even computer-based currency. Taking stock of your digital assets is therefore an essential part of…
  • Apr 9

    Family Heirlooms Can Lead to Family Litigation

    Family Heirlooms Can Lead to Family Litigation
    We often read stories about heirs fighting over a deceased relative's multimillion-dollar fortune. But some estate disputes arise over seemingly trivial matters. The common thread in many of these disputes is insufficient direction from the…
Rank this Week: 1803

The Probate Lawyer Family Feud…

The Probate Lawyer Family Feud Blog

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

http://www.probatelawyerblog.com/
  • Apr 2

    Whitney Houston's Family Is Fighting - Is Estate Money To Blame?

    Whitney Houston's Family Is Fighting - Is Estate Money To Blame?
    Whitney Houston’s family has been through its share of disagreements since the pop diva passed away on February 11, 2012. Early on, there was trouble at the funeral, sparking concerns of a feud with Bobby Brown. Recently, however, the…
  • Mar 5

    Philip Seymour Hoffman's Will Highlights Four Planning Pitfall

    Philip Seymour Hoffman's Will Highlights Four Planning Pitfall
    Oscar-winning actor, Philip Seymour Hoffman, died on February 2nd from a drug overdose. Recently, his long-time girlfriend and mother of his three children, Marianne O’Donnell, filed to open Philip Seymour Hoffman’s estate and to…
  • Mar 5

    Oscar Winners Teach Five Lessons On Estate Planning

    Oscar Winners Teach Five Lessons On Estate Planning
    The 2014 Oscars are complete. Trial & Heirs looks back at past Oscar winners like Philip Seymour Hoffman, Elizabeth Taylor, Heath Ledger, Frank Sinatra, and Marlon Brando. Their estates illustrate important estate planning lessons that…
Rank this Week: 1673

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
  • Mar 25

    IRS: Bitcoin is Property, Not Currency

    IRS: Bitcoin is Property, Not Currency
    Today, the Internal Revenue Service ("IRS") issued Notice 2014-21 regarding some federal tax prinicples associated with transactions utlizing virtual currency, such as Bitcoin. Among other things, this means that if a person purchases a…
  • Feb 17

    What Is An Advance Healthcare Directive?

    What Is An Advance Healthcare Directive?
    An advance healthcare directive, such as a living will, is a legal document that sets forth a person’s end-of-life healthcare treatment desires. Generally, an advance healthcare directive does not become effective until a person is not…
  • Jan 31

    Obama Announces MyRA Retirement Account

    Obama Announces MyRA Retirement Account
    Wall Street Journal: President Barack Obama signed a presidential memorandum Wednesday authorizing the Treasury Department to create a new retirement-savings vehicle aimed at workers who don't have access to traditional retirement accounts,…
Rank this Week: 1785

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
  • Mar 11

    Probate and Prenuptial Agreement

    Probate and Prenuptial Agreement
    What impact does a prenuptial agreement have upon title to the assets of a trust and the rights of trust beneficiaries? The importance of that question was highlighted by a recent Second District Court of Appeals case, Shakespeare v. Prince,…
  • Feb 20

    FLORIDA PRENEED GUARDIAN

    FLORIDA PRENEED GUARDIAN
    FLORIDA PRENEED GUARDIAN AS PART OF YOUR ESTATE PLAN Everyone’s estate plan is different.  Some people are content with having only a will and trust to manage and distribute their financial assets after death.  However, others…
  • Feb 10

    How Long Does a Beneficiary Have to Challenge the Actions (or Inaction) of a Trustee?

    How Long Does a Beneficiary Have to Challenge the Actions (or Inaction) of a Trustee?
    Typically, a trustee serves its accounting on beneficiaries which discloses all matters involving the trusts.  Under normal circumstances, a beneficiary then has four years from receipt of the accounting to bring an action for breach of…
Rank this Week: 1635

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: 2044

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/
  • Sep 11

    Gifts To Caregiver - Special Protocols Are Required. Sample Case Where Court of Appeals Ruled Step-Daughter Was An "Heir" For Purposes of "Blood or Marriage" Exception

    Gifts To Caregiver - Special Protocols Are Required. Sample Case Where Court of Appeals Ruled Step-Daughter Was An "Heir" For Purposes of "Blood or Marriage" Exception
    When a client (especially an elderly one) wants to make a bequest to a caregiver in estate planning documents (a trust or will), the law requires a special protocol. Similarly, when we are hired as an administrator or to represent…
  • Jun 6

    Can I Represent Myself in Probate Court?

    Can I Represent Myself in Probate Court?
    One common question that we often hear is the following:"do I have to hire a lawyer in Probate Court?"I would note that this question also comes up during Probate Court hearings on a regular basis, because on a typical day, out of about 50 or…
  • May 9

    Probate and Trust Administration Top Post

    Probate and Trust Administration Top Post
     The other day I was looking through all the stats on the blog, to see the most popular posts.  In first place is What happens when someone dies without a will?  with 1550 views.  If you liked that one, check the …
Rank this Week: 1821

Fiduciary Folio

Fiduciary Folio

Covers fiduciary (wills, estates, entity representations) law, particularly as applied in the State of Georgia. By Tanner Pittman.

http://www.tannerpittmanlaw.com/blog-fiduciary-folio.html
  • Mar 26

    Case law update: gifting in Georgia for specific purpose

    Case law update: gifting in Georgia for specific purpose
    Under Georgia law, a gift can be made for a specific purpose without the necessity of a trust. OCGA § 44-5-87. However, if it appears that the expressed purpose of the gift cannot be accomplished, then the law imposes a trust over…
  • Dec 30

    Georgia changes to partition statute enshrine sentimentality in law

    Georgia changes to partition statute enshrine sentimentality in law
    It is a time-honored rule of common law that parties are not usually compensated for emotional loss, and the rule is only overcome by statute, as in cases of severe emotional distress. Likewise, our land title law has so evolved to favor…
  • Oct 11

    He had a power of attorney; there's nothing I can do . . . 

    He had a power of attorney; there's nothing I can do . . . 
     . . . or is there?Often, a child or close friend of an elderly person will be granted a power of attorney to help the elder handle her financial affairs. Such power of attorney is usually quite broad, granting the trusted agent the…
Rank this Week: 2249

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
  • Mar 4

    Amendments To Wills And Trusts Can Result In As Many Or More Disputes As The Original Documents Themselve

    Amendments To Wills And Trusts Can Result In As Many Or More Disputes As The Original Documents Themselve
    Often estate and trust litigation revolves not around the will or trust itself, but rather changes to those instruments (a codicil to the will, an amendment to the trust, etc.).  That was the case in the recent appeal of Harbur v.…
  • Nov 5

    Managing Someone Else’s Money

    Managing Someone Else’s Money
              Estate, trust, power of attorney and probate disputes often develop due to disagreements over the manner in which someone managed another person’s money. For example, the beneficiaries of a will might…
  • Sep 24

    Apparent End To The Huguette Clark $300 Million Estate Battle

    Apparent End To The Huguette Clark $300 Million Estate Battle
    In a middle-of-the-night deal during jury selection of a New York trial, it appears that a settlement has been reached in the infamous Huguette Clark estate dispute.  You can read all about it at this link.  I had written about this…
Rank this Week: 2376

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: 2217

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/
  • Jan 9

    Who gets paid if an Alleged Incapacitated Person dies before the hearing? Nobody?

    Who gets paid if an Alleged Incapacitated Person dies before the hearing? Nobody?
    The Guardianship of Mary Klatthaar I’m sure there are some independently wealthy attorneys out there who take all of their cases pro bono. Most of us though are hard-working schlubs like everyone else who while we love what we do,…
  • Jun 3

    I’ve been named a “Rising Star” by Super Lawyers magazine

    I’ve been named a “Rising Star” by Super Lawyers magazine
    I’m pleased to announce that I’ve been named a “Rising Star” by Super Lawyers magazine in the area of Estate Planning & Probate. http://digital.superlawyers.com/superlawyers/flslrs13#pg101
  • May 1

    My Interview on the Shalom Show

    My Interview on the Shalom Show
    Below is my interview with the Shalom Show, a Jewish public affairs cable show that is on tv nationwide.        
Rank this Week: 2302

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: 2403

Florida Probate Blog -…

Florida Probate Blog - WeProbateFlorida.com

Covers Florida probate administration. By Long H. Duong.

http://weprobateflorida.com
  • Nov 5

    Letters of Administration – Do you really need them?!

    Letters of Administration – Do you really need them?!
    I can’t say this enough: There are many situations where you do not need letters of administration. Many. Yes, the bank or customer service agent you are talking to says you do…but they are just reading from a policy manual or a…
  • Sep 6

    How long does probate take in Florida?

    How long does probate take in Florida?
    One of the last few questions I always address at the end of a probate consultation is: “How long does probate take?” Generally: Summary administration typically takes a few weeks from the date of filing to get orders distributing…
  • Aug 4

    Introducing Florida Probate Questions (and Answers)!

    Introducing Florida Probate Questions (and Answers)!
    We are pleased to announce the new Florida Probate Questions section. The purpose of this process is to create a “live” FAQ (frequently asked questions). Among other things you can: Post Questions Search (with lightning speed)…
Rank this Week: 2191

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: 2292

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: 2298

Estateography

Estateography

By Alvi Aggarwal.

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

    Preventing the Donation of Your Organ

    Preventing the Donation of Your Organ
    It's easy enough to avoid checking the organ donation box at the DMV, but that may not be enough to ensure that your organs aren't donated. If you don't check that box, someone else will be able to make a decision regarding the donation of…
  • Apr 4

    The Basics of Premarital Agreement

    The Basics of Premarital Agreement
    This is a guest post by Sonali Khadilkar, who practices family law in DC and Virginia. Sonali is the owner of Khadilkar Law PLLC, which has offices in Washington, DC and Vienna, Virginia. Sonali blogs here. Couples planning a wedding should…
  • Mar 30

    Trusts for Kids and Spouse

    Trusts for Kids and Spouse
    Trusts give you control Trusts give you control over who gets what, how, when, and why. Protect and Provide for Kids Let's say Henry leaves his teenage daughter, Caroline, $100,000 outright in his will. When Henry dies, Caroline can do…
Rank this Week: 2586

Estate Planning & Probate 411

Estate Planning & Probate 411

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

http://indianwellsestateplanningattorney.com/
  • Apr 10

    Dangers of Do It Yourself Wills and Trust

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

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

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

    What to Do with Your Business When You Die or Retire

    What to Do with Your Business When You Die or Retire
    Business Succession Planning Business succession planning is the process of providing for the passage of ownership and control of your business to others when you decide to retire, or if you should die or become incapacitated. Planning for…
Rank this Week: 2699

Los Angeles Probate and Trust…

Los Angeles Probate and Trust Lawyer Blog

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

http://www.losangelesprobateandtrustlawyer.com/
  • Apr 7

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

    Are you Expecting an Inheritance? Are You Depending on an Inheritance?
    I was out to dinner the other night and overheard a brother and sister discussing their father and his new young bride and her pregnancy. The conversation started in muted whispers however, it didn't take long until their voices got...
  • May 16

    Did Amy Winehouse have a Will?

    Did Amy Winehouse have a Will?
    I recently read two articles regarding the rumors about Amy Winehouse updating her Will to ensure that her ex-husband Blake Fielder-Civil would not inherit any of her estate. One article was in Forbes and the other in Elder Law Answers....
  • Feb 16

    Problems With Drafting Your Own Will

    Problems With Drafting Your Own Will
    A Will, a Trust, Powers of Attorney, Advance Health Care Directives, HIPAA Authorizations, Personal Property Assignments and any thing else attendant to your estate plan are legal documents.
Rank this Week: 2502

New York Trusts & Estates…

New York Trusts & Estates Litigation Blog

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

http://www.nyestatelitigationblog.com/
  • Mar 28

    How “Absolute” is Absolute Discretion?

    How “Absolute” is Absolute Discretion?
    Whether a trust purports to exonerate a trustee from liability or grants him absolute discretion to make distributions, trustees often believe that the language in a trust instrument is ironclad. Frank Santoro addresses this misconception in…
  • Feb 13

    Appellate Division: Issue of Fact Prevents Summary Disposition of Abandonment Allegation

    Appellate Division: Issue of Fact Prevents Summary Disposition of Abandonment Allegation
    Eric Penzer recently discussed a case where constructive abandonment was asserted to disqualify a surviving spouse from an elective share. In our latest entry, Eric addresses a decision regarding actual abandonment as the basis for…
  • Feb 13

    Appellate Division: Issue of Fact Prevents Summary Disposition of Abandonment Allegation

    Appellate Division: Issue of Fact Prevents Summary Disposition of Abandonment Allegation
    My most recent blog post, titled No Sex, No Elective Share?, discussed a recent case involving allegations of constructive abandonment as a basis for disqualifying a surviving spouse from receiving an elective share. In that post, I also…
Rank this Week: 2549

Mogren Glessner & Roti

Mogren Glessner & Roti

Covers Washington state family law, estate planning, and probate.

http://mgrlaw.blogspot.com/
  • Oct 30

    Passport For Child After Divorce

    Passport For Child After Divorce
    What do you do when you hear your ex-spouse plans to take your children on a vacation out of the country? What do you do? Knowing your legal rights will help put you at east and protect your relationship with your children. To take your…
  • Apr 4

    Compassion and Conviction

    Compassion and Conviction
    The following is a quote I came across from Rick Warren that I find insightful in this age of political correctness:“Our culture has accepted two huge lies. The first is that if you disagree with someone’s lifestyle, you must fear…
  • Oct 3

    Power of Attorney for Adult Children

    Power of Attorney for Adult Children
    Do you have a Power of Attorney for your adult
Rank this Week: 2521

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: 2796

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: 2664

New York Probate Lawyer Blog

New York Probate Lawyer Blog

By Jules Martin Haas.

http://www.newyorkprobatelawyerblog.com/
  • Apr 16

    New York Wills Should Be Carefully Written to Avoid Confusion and Estate Litigation

    New York Wills Should Be Carefully Written to Avoid Confusion and Estate Litigation
    Estate Planning attorneys are aware that it is important for a person to prepare a Last Will, Living Will, Health Care Proxy and other appropriate papers regarding advance directives and financial planning.  The New York Probate Lawyer…
  • Apr 9

    New York Estate Planning Involves Many Consideration

    New York Estate Planning Involves Many Consideration
    Planning your estate requires the consideration of many factors.  A primary consideration is preparing and executing a Last Will.  New York Estate Lawyers are familiar with the basic requirements for creating a valid Will.  As…
  • Apr 2

    New York Guardianship Laws and Advanced Planning Can Prevent Elder Abuse

    New York Guardianship Laws and Advanced Planning Can Prevent Elder Abuse
    The New York Probate Lawyer Blog has had previous posts concerning the issue of elder abuse.  A recent survey released by the National Association of Professional Geriatric Care Managers reported that the financial exploitation of the…
Rank this Week: 3384

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/
  • Apr 16

    Free Living Trust Seminars Coming In May

    Free Living Trust Seminars Coming In May
    We make an effort to get out into the community on an ongoing basis to bring good information to people here in the greater San Jose area. To this end, we present an ongoing series of informational sessions that cover various different elder…
  • Apr 10

    When Does a Power of Attorney Become Effective?

    When Does a Power of Attorney Become Effective?
    You can prepare for the possibility of incapacity late in your life by executing a document called a durable power of attorney. With a power of attorney, you name someone else to act on your behalf in a legally binding manner. Durable powers…
  • Apr 8

    Incapacity Planning in San Jose: Difference Between a Conservatorship and a Power of Attorney

    Incapacity Planning in San Jose: Difference Between a Conservatorship and a Power of Attorney
    We like to answer frequently asked questions on our blog, and today we will look at the difference between a conservatorship and a power of attorney. California Adult Conservatorship First, we should clear up the matter of guardianship versus…
Rank this Week: 3123

Hauptman and Hauptman, P.C. Blog

Hauptman and Hauptman, P.C. Blog

Covers guardianship, Medicaid, probate and estate administration.

http://www.hauptmanlaw.com/blog
  • Apr 13

    Think the State will Help You? Think Again

    Think the State will Help You? Think Again
    For as long as I can remember, I have explained to clients that although Medicaid covers long term care in non-nursing home settings under what is now known as the Global Options program, it is very difficult to qualify and even if you can…
  • Apr 6

    When Disputing a Bill can Cause You to Lose Medicaid (Part 2)

    When Disputing a Bill can Cause You to Lose Medicaid (Part 2)
    Last week I was telling you about Sheila’s call.  Her husband Sam needs nursing home care and they have very little to spend down, approximately $33,000.  Sheila would be able to keep the rest, not a whole lot for her to live…
  • Mar 30

    When Disputing a Bill Can Cause You to Lose Medicaid

    When Disputing a Bill Can Cause You to Lose Medicaid
    So many ways to get tripped up by the New Jersey Medicaid process.   Here’s another one.  Sheila called us because her husband was in a nursing home with very little money to spend down.  Combined, she and her…
Rank this Week: 3034

Palm Springs Estate Planning…

Palm Springs Estate Planning Lawyer Blog

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

http://www.palmspringsestateplanninglawyerblog.com/
  • Apr 8

    401(k) Beneficiary Problems for Palm Springs Resident

    401(k) Beneficiary Problems for Palm Springs Resident
    As Palm Desert estate planning attorneys, we frequently see clients with beneficiary designation issues. A recent article in the Wall Street Journal highlights this integral part of estate planning. A Will or Trust is very important but will…
  • Mar 10

    Estate Planning Lessons from the Rich and Famou

    Estate Planning Lessons from the Rich and Famou
    Some celebrity estates are embroiled in the media and legal battles while others remain private and relatively peaceful. Here are some lessons learned from the estates of the rich and famous. Fund Your Revocable Trust Recently deceased Paul…
  • Mar 7

    Bankruptcy Can Spoil Your Estate Plan if You Deed Property to Children

    Bankruptcy Can Spoil Your Estate Plan if You Deed Property to Children
    As estate planning lawyers in Palm Springs, we frequently get asked by clients to prepare deeds transferring property to children. As we have previously discussed, using deeds as an estate plan is very risky and not recommended. A recent…
Rank this Week: 3271

Long Island Estate Planning…

Long Island Estate Planning Questions & Answers

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

http://longislandestatesattorney.com/faqs/
  • Apr 8

    Who is Entitled to Receive a Copy of a Trust on Long Island

    Who is Entitled to Receive a Copy of a Trust on Long Island
    Since trusts are not part of the public records, the only persons entitled to copies of a trust instrument are beneficiaries. A beneficiary could make a request that the trustee provide a third party with a copy, but the trustee does not…
  • Apr 3

    What Are the Rights of Surviving Heirs in a Long Island Estate?

    What Are the Rights of Surviving Heirs in a Long Island Estate?
    A Long Island decedent’s heirs such as the decedent’s children, surviving spouse, parents, siblings, grand children, aunts, uncles and cousins may have an interest in claiming an inheritance in the decedent’s estate.…
  • Mar 31

    Who Should You Use to Witness Your Will?

    Who Should You Use to Witness Your Will?
    New York law requires that you use two witnesses over the age of 18 years who are deemed mentally competent to witness your Long Island will. The witnesses should not be beneficiaries to the will or the attorney preparing the will to avoid…
Rank this Week: 3478

Los Angeles Probate Litigation…

Los Angeles Probate Litigation Attorney Blog

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

http://www.losangelesprobatelitigationattorneyblog.com/
  • Mar 28

    Update-Casey Kasem Children Settle Conservatorship Matter

    Update-Casey Kasem Children Settle Conservatorship Matter
    Los Angeles Superior Court Case Number BP 145805 concerning the Appointment of the Conservatorship over the Person and Temporary Appointment of the Conservatorship over the Person of Casey Kasem had been filed on October 7, 2013. Casey Kasem…
  • Mar 19

    Trust and Estates Section: Lunch with The Probate Judge

    Trust and Estates Section: Lunch with The Probate Judge
    On March 18, 2014, the panel of Probate Judges discussed the current state of Probate Court in Los Angeles County and addressed questions and concerns submitted by members of the Beverly Hills Bar Association. Fortunately seven of the nine…
  • Feb 26

    Judges Panel: Avoiding the Most Common Evidentiary Mistake

    Judges Panel: Avoiding the Most Common Evidentiary Mistake
    On February 25, 2014, firm partner and probate practitioner, Yasha Bronshteyn attended the Judges Panel presented by the Consumer Attorneys Association of Los Angeles. Speakers included Hon. Amy Hogue, Hon. Michael Johnson, Hon. Mary Ann…
Rank this Week: 3475

Northern California Center for…

Northern California Center for Estate Planning and Elder Law

Covers estate planning.

http://www.norcalplanners.com/blog/
  • Feb 12

    Divorce and Estate Planning – 3 Issue

    Divorce and Estate Planning – 3 Issue
    Divorces are hard, and the process can easily overwhelm anyone getting divorced. But it’s important to remember during this difficult time that you will definitely need to speak to your estate planning lawyer about how you will need to…
  • Feb 11

    Simple Estate Litigation Prevention Measure

    Simple Estate Litigation Prevention Measure
    Estate litigation is something every estate plan should try to prevent whenever possible. Litigation can deplete your estate of money, lead to unnecessary delays in transferring inheritances, and involve disagreements that destroy…
  • Feb 10

    Should You Have a Durable Power of Attorney? 3 Question

    Should You Have a Durable Power of Attorney? 3 Question
    Question 1. What is a durable power of attorney? A durable power of attorney is a document that allows capable adults the ability to choose a representative who will have the legal authority to make decisions on their behalf. Through your…
Rank this Week: 3122

Musings of a Massachusetts Estate…

Musings of a Massachusetts Estate Lawyer

Focuses on estate planning, probate and corporation law in Massachusetts. By David E. Peterson.

http://blog.deplawfirm.com/
  • Jan 6

    How Wealthy People Avoid Estate Taxe

    How Wealthy People Avoid Estate Taxe
    The Basics The estate and gift tax is a tax on the transfer of wealth from one generation to the next. The tax is levied when a transfer occurs, which by lifetime gift, or upon death. The estate and gift tax rates start low. The Massachusetts…
  • Dec 26

    Your New Year’s Resolution Starts with a Phone Call (or email).

    Your New Year’s Resolution Starts with a Phone Call (or email).
    The holiday season is a time of great religious and economic significance. And even in our busy lives, it is a time for reflection. For many of us, the fruits of our reflection are our annual resolutions: to become healthier, to spend more…
  • Sep 17

    Top Five Methods of Charitable Giving

    Top Five Methods of Charitable Giving
    A colleague and I have recently devoted some time to developing a new facet of estate planning that we call “Zero Tax Planning.” The idea is simple. First, we use traditional estate planning techniques to reduce estate taxes as…
Rank this Week: 3252