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Wills, Trusts & Estates Prof…

Wills, Trusts & Estates Prof Blog

By Gerry W. Beyer.

http://lawprofessors.typepad.com/trusts_estates_prof/
  • May 26

    Three Documents Every 18 Year Old Should Have

    Three Documents Every 18 Year Old Should Have
    It is always a good idea to plan ahead for not only your client, but also your client’s children. When a client’s child turns 18 they should have a will, healthcare power of attorney, and property power of attorney. It...
  • May 26

    Trustee Motions For New Payment Plan To Compensate Victim

    Trustee Motions For New Payment Plan To Compensate Victim
    A court appointed bankruptcy trustee who is managing the funds of the now bankrupt Life Partners Holdings has filed a motion for a new payment plan. H. Thomas Moran II was appointed in March to serve as trustee after Life...
  • May 26

    District Court Overturns Bankruptcy Court’s Living Trust Decision

    District Court Overturns Bankruptcy Court’s Living Trust Decision
    A recent decision by the U.S. District Court for the Northern District of Illinois has overturned a bankruptcy court in a case involving the estate of Linda Castellano. The District Court has decided that the Bankruptcy court improperly held…
Rank this Week: 56

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

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

http://jotwell.com/
  • May 26

    Not So Schizophrenic: The Founders’ Understanding of Indian Affairs and the Constitution

    Not So Schizophrenic: The Founders’ Understanding of Indian Affairs and the Constitution
    Gregory Ablavsky, Beyond the Indian Commerce Clause, 124 Yale L.J. 1012 (2015).Bethany BergerFederal Indian law fits awkwardly in American constitutional doctrine, so much so that Justice Clarence Thomas has declared it “to say the…
  • May 25

    Are Prosecutors the Constitution’s Gatekeepers?

    Are Prosecutors the Constitution’s Gatekeepers?
    Russell M. Gold, Beyond the Judicial Fourth Amendment: The Prosecutor’s Role, 47 UC Davis L. Rev. 1591 (2014).Rebecca RoipheThis is a bad time for the police officers. Last year, a series of cases in New York federal court exposed…
  • May 22

    Reframing (and Reclaiming) Pregnancy and Abortion

    Reframing (and Reclaiming) Pregnancy and Abortion
    Khiara Bridges, When Pregnancy is an Injury: Rape, Law, and Culture, 65 Stan. L. Rev. 457 (2013).Melissa MurrayIn recent years, anti-abortion advocates have argued that abortion harms not only a developing fetus, it also harms the woman who…
Rank this Week: 216

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/
  • May 26

    California court invalidates power of appointment; disinherited heir gets 1/3 of $55M trust

    California court invalidates power of appointment; disinherited heir gets 1/3 of $55M trust
    Sefton v. Sefton, — Cal.Rptr.3d —-, 2015 WL 1870302 (Cal.App. 4 Dist. April 24, 2015) Assume you have a case involving a $55 million trust created under “Grandfather’s” Will, that provides for a life-time trust…
  • May 22

    2013-14 Probate Court Filing Statistic

    2013-14 Probate Court Filing Statistic
    If you make your living in and around our probate courts you’ll find the FY 2013-14 Probate Court Statistical Reference Guide interesting reading. The chart below provides the “cases filed” data for three of our…
  • May 18

    Come learn about STEP Miami’s new specialized forum for international trusts and estates litigator

    Come learn about STEP Miami’s new specialized forum for international trusts and estates litigator
    I’m one of the volunteers working on bringing this exciting new opportunity to Miami. If you are at all interested in this topic, I encourage you to please RSVP by clicking the “register now” button below and get involved at…
Rank this Week: 299

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

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

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

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

    Digital Life After Death, A Question For The Future

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

    Cubs Star Ernie Banks Will Leaving Estate To Caregiver Ruled Valid

    Cubs Star Ernie Banks Will Leaving Estate To Caregiver Ruled Valid
    The Star Tribune has reported today that Ernie Banks, all star shortstop of the Chicago Cubs who died January 23rd at the age of 83 has left his estate to his caregiver Regina Rice. Banks made his will last October and the witnesses reported…
Rank this Week: 356

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: 411

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: 571

The Probate Lawyer Family Feud…

The Probate Lawyer Family Feud Blog

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

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

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

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

    Sofia Vergara Lawsuit Teaches Lesson For Couples Using IVF

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

    Celebrity Legacies: Blurred Lines Surround Marvin Gaye Estate

    Celebrity Legacies: Blurred Lines Surround Marvin Gaye Estate
    There's nothing like a hit song to keep heirs dancing down the road to the bank -- even when that song wasn't written, composed, or sung by the celebrity singer who died. The heirs of Marvin Gaye hit it big with a judgment against Robin…
Rank this Week: 627

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/
  • Nov 10

    Estate Planning for Out-of-State Property

    Estate Planning for Out-of-State Property
    If you live in Florida and own property in another state an ancillary administration will be necessary upon the death of the owner(s) of that property. This special probate administration will be in addition to the administration you have…
  • Oct 29

    Revocable Trusts and Asset Protection

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

    Florida Probate Intake form

    Florida Probate Intake form
    Many of our clients have asked us to put our Florida Probate Intake form online so that they can easily download it. You can download the Florida Probate Intake form with the following link: Probate Intake Form.pdf
Rank this Week: 621

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: 732

Florida Probate Lawyer Blog

Florida Probate Lawyer Blog

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

http://www.florida-probate-lawyer.com/probate
  • May 26

    Can a contract defeat testamentary intent?

    Can a contract defeat testamentary intent?
    In a word, yes. In a blow to the unwed in the State of Florida, the Fourth District Court of Appeal recently held that an operating agreement entered into by a deceased business owner (the “Decedent”) trumped his stated…
  • May 18

    Tortious Interference with an Expectancy: DeWitt 101

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

    Florida Court Determines Wife Unduly Influenced Husband

    Florida Court Determines Wife Unduly Influenced Husband
    Florida law is well established that when a will is challenged on the grounds of undue influence, the influence must amount to over persuasion, duress, force, coercion, or artful or fraudulent contrivances to such an extent that there is a
Rank this Week: 819

Michigan Estate Planning Lawyer…

Michigan Estate Planning Lawyer Blog

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

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

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

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

    Why You Need To Work With A Criminal Attorney

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

    Why You Must Never Ever Micromanage Your Search Engine Optimization Company

    Why You Must Never Ever Micromanage Your Search Engine Optimization Company
    You’re not obtaining the outcomes you desire from your Search Engine Optimization firm, but you’re not sure exactly just what the trouble is. You even question if it could be you, as well as not the Search Engine Optimization…
Rank this Week: 838

California Trust, Estate & Probate…

California Trust, Estate & Probate Litigation

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

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

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

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

    Top 5 Must Know Facts for your California Undue Influence Case

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

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

    Who Owns Your Money, You or Your Child? California Joint Tenancy Account Rule
    In California, as in every other state, you can create a joint tenancy account with anyone you like, including a friend, caretake, or child.  And most people know that a joint account automatically transfers to the surviving joint…
Rank this Week: 882

Planning Notes

Planning Notes

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

http://cooklaw.co/blog
  • May 13

    Proposed 1031 Exchange Change

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

    Estate Plan Privacy

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

    The Achieving A Better Life Experience (ABLE) Act

    The Achieving A Better Life Experience (ABLE) Act
    Late last year President Obama signed the Achieving A Better Life Experience ("ABLE") Act into law. In essence, the ABLE Act can allow individuals with qualifying disabilities or their families to set aside funds for education, housing and…
Rank this Week: 1004

New York Probate and Estate…

New York Probate and Estate Administration Blog

Published by Stephen Bilkis & Associates

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

    Petitioner Alleges Lack of Testamentary Capacity

    Petitioner Alleges Lack of Testamentary Capacity
    A New York Probate Lawyer said the records reveal that in this contested probate proceeding, three motions are before the court. Decedent died and is survived by several brothers and sisters and by an alleged spouse, the objector herein, to…
  • May 13

    Petitioner Seeking Common Law Indemnification in Probate Case

    Petitioner Seeking Common Law Indemnification in Probate Case
    A New York Probate Lawyer said that according to sources, in the instant case, the complainant underwent surgery at a Medical Center, and the deceased served as his anesthesiologist. The anesthesiologist died on October 1, 2002 . On October…
  • May 12

    Court interprets Will Document

    Court interprets Will Document
    A New York Probate Lawyer said that the records reflect that these two cases involves matters of probate which was resolved by the court accordingly. In the first probate proceeding, Paragraph 'Fifth' of testatrix' will reads: 'Enclosed in…
Rank this Week: 1059

North Carolina Estate Planning…

North Carolina Estate Planning Blog

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

http://www.ncestateplanningblog.com/
  • May 26

    Avoid a Will Dispute

    Avoid a Will Dispute
    An individual’s last will and testament might clearly reflect one’s wishes, but it does not prevent an estate dispute. Successfully contesting a will in North Carolina (and similarly in other states) requires evidence of certain…
  • May 25

    3 Reasons to Choose a Non-Family Trustee

    3 Reasons to Choose a Non-Family Trustee
    Creating a trust generally involves the intention of preserving assets for loved ones. Benefiting from a trust’s preservation might not be possible if the trust is not maintained properly. One of the many responsibilities of a trustee…
  • May 24

    Opportunities for 529 College Savings Plan

    Opportunities for 529 College Savings Plan
    529 College Savings Plans consistently offer long-term tax-deferred growth for future students. As a savings tool, 529 plans come with a few restrictions. For one, contributions must be made with after-tax dollars. (Some state-level…
Rank this Week: 1129

San Diego Estate Planning Lawyer…

San Diego Estate Planning Lawyer Blog

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

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

    Showing Proper Respect for Death Certificate

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

    Understanding Advance Health Care Directives and “Living Wills”

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

    “Undue Influence” Can Undo Your Estate Planning Intention

    “Undue Influence” Can Undo Your Estate Planning Intention
    Your deathbed is not the right place to make a will or begin the estate planning process. Individuals who are hospitalized or dying are often subject to the undue influence of others. California courts may invalidate a will or other estate…
Rank this Week: 1444

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: 1374

New York Probate Lawyer Blog

New York Probate Lawyer Blog

By Jules Martin Haas.

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

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

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

    New York Estate Planning Is Needed to Avoid a Will Contest

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

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

    New York Guardians Will Not Be Appointed Where the Court Finds A Guardian is Not Needed
    A New York Guardianship Proceeding is commenced by the filing of a petition.  Mental Hygiene Law (MHL) Section 81.08 sets forth the requirements of the petition.  MHL Section 81.06 designates the persons who may file the proceeding…
Rank this Week: 1461

Nirenstein, Horowitz & Associates,…

Nirenstein, Horowitz & Associates, P.C. Blog

Covers Connecticut estate planning, probate and elder law.

http://www.preserveyourestate.net/blog/
  • May 25

    What Is the Generation-Skipping Transfer Tax?

    What Is the Generation-Skipping Transfer Tax?
    There are taxes on asset transfers in the United States. One of them is the generation-skipping transfer tax. This tax could potentially be levied on asset transfers to relatives who are more than one generation younger than you. It can also…
  • May 24

    What is Connecticut Qualified Domestic Trust

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

    Safely Store Important Information

    Safely Store Important Information
    The process of estate planning extends into incapacity planning is well, so it is important to see a complete picture when you are making preparations for the future. Ultimately the objective is to make sure that things are in place for your…
Rank this Week: 1802

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 6

    Clarke County Superior Court totally reversed on appeal in trust matter

    Clarke County Superior Court totally reversed on appeal in trust matter
    The superior court judge of Athens-Clarke County apparently totally botched a trust litigation matter, according to the Georgia Court of Appeals. The lower court had determined that a trust's maker (the "settlor") had improperly amended…
  • Feb 25

    Facebook at vanguard of digital inheritance

    Facebook at vanguard of digital inheritance
    Facebook users (of which this firm is not one) have long since realized that their accounts are digital journals of their lives. These records are valuable, not only to users, but to their posterity.  Responding to…
  • Dec 9

    Special Juvenile Immigrant Statu

    Special Juvenile Immigrant Statu
    Our law office regularly helps clients with family legal transactions, including child custody, prenuptial agreements, family partnerships, and - lately - guardianships based upon a child's dependent status. Today, we are launching our…
Rank this Week: 1662

New Jersey Estate Planning &…

New Jersey Estate Planning & Elder Law Blog

Covers business law and planning, elder law, estate planning, and probate and estate administration. By Deirdre Wheatley-Liss.

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

    Love is Lost - And So is Your Inheritance - Divorce Really Ends Thing

    Love is Lost - And So is Your Inheritance - Divorce Really Ends Thing
    A common plan among our married clients is to leave their property to their spouse, either outright or in trust - oft-referred to as the “I Love You” Will. Sometimes, love is lost and the couple divorces. We recommend our clients…
  • Mar 25

    Personal Injury Damages and Medicaid Liens - SCOTUS Decide

    Personal Injury Damages and Medicaid Liens - SCOTUS Decide
    You have a horrific accident and are looking at a life of extreme medical care.  The accident was caused by another person (drunk truck driver). You get a multi-million dollar award.  Does the state that you live in get a…
  • Mar 25

    Personal Injury Damages and Medicaid Leins - SCOTUS Decide

    Personal Injury Damages and Medicaid Leins - SCOTUS Decide
    You have a horrific accident and are looking a life of extreme medical care.  The accident was caused by another person (drunk truck driver). You get a multi-million dollar award.  Does the state that you live in get a share? First,…
Rank this Week: 1805

Florida Probate Litigation Lawyer…

Florida Probate Litigation Lawyer Blog

Cover Florida probate litigation. By Chepenik & Trushin LLP.

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

    CREATING A VALID WILL IN FLORIDA

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

    STEPCHILDREN & INHERITANCE RIGHTS

    STEPCHILDREN & INHERITANCE RIGHTS
    The number of blended families in America is increasing and with it, so is the need for competent estate planning. As the modern blended family replaces the “traditional” family, tension arises from traditional intestacy laws.…
  • Apr 22

    Protecting Your Online Accounts After Death

    Protecting Your Online Accounts After Death
    It is no secret that we are living in a digital world. Our daily lives are spent online paying bills, browsing social media, checking bank accounts, and the list goes on. When you signed up for all of these accounts, you likely did not think…
Rank this Week: 1877

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
  • Feb 7

    Brief Thoughts On Claims Of Undue Influence

    Brief Thoughts On Claims Of Undue Influence
    As stated in my previous post regarding the capacity of a testator to execute a will or trust, the two concepts are closely related.  For example, incapacity relates to invalidation of a will, trust, deed, etc. because of the…
  • Feb 5

    Brief Thoughts On Claims Of Undue Influence

    Brief Thoughts On Claims Of Undue Influence
    As stated in my previous post regarding the capacity of a testator to execute a will or trust, the two concepts are closely related.  For example, incapacity relates to invalidation of a will, trust, deed, etc. because of the…
  • Aug 9

    Brief Thoughts On Claims Of Incapacity

    Brief Thoughts On Claims Of Incapacity
                People often question whether a deceased person was mentally capable of executing or changing a will or trust.  Perhaps the person was suffering from dementia at the time.  The legal…
Rank this Week: 1884

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: 1986

Law Office of Roy W. Litherland…

Law Office of Roy W. Litherland Blog

Covers estate planning, probate and living trusts.

http://www.attorneyoffice.com/blog/
  • May 26

    What Is a Self Proving Will?

    What Is a Self Proving Will?
    You could potentially use a last will as the centerpiece of your estate plan. In order for a last will to be valid in the state of California, certain conditions must be met. The person who is creating the will is called the testator. The…
  • May 21

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

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

    What Is Digital Estate Planning?

    What Is Digital Estate Planning?
    A well constructed estate plan will leave behind a turnkey situation for the surviving family members. If you want to be comprehensively prepared, you need to consider every detail. With this in mind, we will look at digital estate planning…
Rank this Week: 2093

California Probate and Estate…

California Probate and Estate Planning Blog

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

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

    The Pragmatic lawyer

    The Pragmatic lawyer
    I have always considered myself to be reasonable or a good sense of rough justice. A quick opinion of how things should end up. People have called me pragmatic many times during my 20 years as a lawyer. I will admit I didn’t know…
  • May 14

    The Pragmatic lawyer

    The Pragmatic lawyer
    I have always considered myself to be reasonable or a good sense of rough justice. A quick opinion of how things should end up. People have called me pragmatic many times during my 20 years as a lawyer. I will admit I didn’t know…
  • Apr 16

    NEW Heggstad Petition Case

    NEW Heggstad Petition Case
    I got notice a couple weeks ago of a new case to help get Heggstad petitions approved. That is, petitions brought under California probate code section 850. The case is: Ukkestad v. RBS Asset Finance Filed  March 16, 2015, Fourth…
Rank this Week: 2417

Florida Probate Blog -…

Florida Probate Blog - WeProbateFlorida.com

Covers Florida probate administration. By Long H. Duong.

http://weprobateflorida.com
  • Mar 30

    Why You Need Probate to Sell Real Estate

    Why You Need Probate to Sell Real Estate
    Here’s a frequently asked question that deserves a slightly more intricate answer: “I’m clearly a child of (the decedent). Why can’t I just sign a quit claim deed over to myself so I can sell this property?”…
  • Mar 25

    Caution: “Probate Paralegals” on Craigslist

    Caution: “Probate Paralegals” on Craigslist
    Yesterday, I received what was otherwise a routine call about a potential probate case: The caller told me she had hired a “probate paralegal” to prepare the paperwork that she, the caller, would then file the case herself. She…
  • Mar 3

    Got Letters of Administration! What now?

    Got Letters of Administration! What now?
    This is a followup to my previous post on starting Probate in Florida, specifically Formal Administration. The initial push in probate is dedicated to convincing the judge to appoint you as the personal representative (PR) and then issuing…
Rank this Week: 2219

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/
Rank this Week: 2121

Florida Elder Law and Estate Blog

Florida Elder Law and Estate Blog

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

http://www.eldercarelawjacksonville.com/
Rank this Week: 2253

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: 2265

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: 2378

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: 2246

German Law Group Blog

German Law Group Blog

Covers estate planning.

http://www.germanlawgroup.com/
  • May 26

    Can a Trust Protect Family Wealth?

    Can a Trust Protect Family Wealth?
    The process of estate planning can involve the implementation of strategies that protect family wealth. When you first hear this statement, you may scratch your head. Why would I have to protect family wealth? Who is going to take what I have…
  • May 21

    Why Would I Want to Avoid Probate?

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

    Medicaid Planning: What Can the Healthy Spouse Keep?

    Medicaid Planning: What Can the Healthy Spouse Keep?
    The Medicaid planning may seem like something that is not going to be important for you if you are going to retire with resources as a Medicare recipient. The reason why Medicaid is in fact relevant to many elders is because Medicare does not…
Rank this Week: 2779

Texas Wills and Trusts Law Online

Texas Wills and Trusts Law Online

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

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

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

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

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

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

    The Top 10 Reasons Why You Need An Estate Plan

    The Top 10 Reasons Why You Need An Estate Plan
    A recent survey found that approximately two-thirds of Americans don’t have a wills, and even fewer have power of attorneys or health care directives. Are you one of them? The survey suggests that the primary reasons why so few have…
Rank this Week: 2857

Estate Planning Attorney Blog

Estate Planning Attorney Blog

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

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

    Preparing for the First Meeting with your Probate Attorney

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

    Partnership

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

    Where should I incorporate? (Part 2)

    Where should I incorporate? (Part 2)
    In Part 1, we discussed the non-legal issues that can influence where to incorporate, such as financial, convenience of where they are doing business, and continuing operations.  Now we will discuss some of the legal considerations for…
Rank this Week: 2817

Texas Probate Litigation

Texas Probate Litigation

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

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

    Court of appeals upholds removal of executor

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

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

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

    Estate of Hemsley

    Estate of Hemsley
    Sherman Hemsley was a popular actor, known for playing George Jefferson in "All in the Family" and the "The Jeffersons." He was never married and had no children. He died in El Paso in 2012 after a battle with lung...
Rank this Week: 2823

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: 2693

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: 2797

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: 2675

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: 2706

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: 2432

Mendel Law Firm Blog

Mendel Law Firm Blog

Covers estate planning.

http://www.mendellawfirm.com/blog/
  • May 26

    Texas History – Do You Know When Women First Served as Jurors in Texas?

    Texas History – Do You Know When Women First Served as Jurors in Texas?
    On May 18, 1953, the Texas Legislature passed House Joint Resolution 16, which proposed an amendment to the Texas Constitution providing that qualification for service on a jury should “not be denied or abridged by reason of sex.”…
  • May 20

    Thought for the Day:

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

    How to Discuss Estate Planning with Your Parent

    How to Discuss Estate Planning with Your Parent
    Talking about financial matters with your parents is probably not easy. By the same token, talking about the inevitable death of your parents is probably not something you want to do; however, sitting down with you parents and discussing…
Rank this Week: 3042

Florida Probate, Trust & Estate…

Florida Probate, Trust & Estate Blog

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

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

    Power of Attorney Not Authorized for Self Dealing

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

    2015 Amendments to Florida Probate Code and Florida Trust Code

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

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

    Supreme Court Holds 401(k) Plan Trustees Have Ongoing Duty To Monitor
    All too often pension-plan participants (employees and retirees) are left in the dark about the fees and expenses associated with the mutual funds selected for their company’s plan, whether it is a 401(k) savings plan or otherwise.…
Rank this Week: 3382

Murphy's Law Blog

Murphy's Law Blog

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

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

    Nursing Homes Replacing Hospitals for Primary Senior Care

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

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

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

    Apple and the Tech Giants Want to Revolutionize Elder Care

    Apple and the Tech Giants Want to Revolutionize Elder Care
    Giants are on the loose, and they have their eyes set on seniors… in a good way. View image | gettyimages.com The titans of the tech industry, Apple and Google among them, have decided to make elder care one of their next big targets…
Rank this Week: 3349

Berk & Moskowitz P.C. Blog

Berk & Moskowitz P.C. Blog

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

http://berkmoskowitz.com/blog/
  • May 6

    UNC Basketball Coach Dean Smith Leaves Behind a Special Gift

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

    Arizona Supreme Court Clarifies Anti-Deficiency Statute

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

    Lessons from Robin Williams’ Trust Dispute

    Lessons from Robin Williams’ Trust Dispute
    After the passing of a loved one, family members and friends normally gather to find solace or to celebrate the person’s life. Or at least that is the order and manner in which most people would wish to be remembered. To this end of…
Rank this Week: 3415