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Wills, Trusts & Estates Prof…

Wills, Trusts & Estates Prof Blog

By Gerry W. Beyer.

http://lawprofessors.typepad.com/trusts_estates_prof/
  • Jan 18

    Article on ESOPs & EOT

    Article on ESOPs & EOT
    Christopher Michael recently published an Article entitled, The Employee Ownership Trust, an ESOP Alternative, 31 Probate & Property 42 (Jan/Feb 2017). Provided below is an abstract of the Article: For the last four decades, an employee…
  • Jan 18

    Aid in Dying Gains Acceptance

    Aid in Dying Gains Acceptance
    As aid in dying legislation continues to be passed all over the country, nearly 20% of Americans will be living in jurisdictions where terminally ill patients can legally end their life. The laws allow physicians to write prescriptions for…
  • Jan 18

    Article on Trusts & Estate Law Update

    Article on Trusts & Estate Law Update
    Benjamin Orzeske recently published an Article entitled, Uniform Law Updates, 31 Probate & Property 10 (Jan/Feb 2017). Provided below is an abstract of the Article: Uniform Laws Update provides information on uniform and model state laws…
Rank this Week: 48

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: 174

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/
  • Jan 16

    How To Protect Against Elder Abuse

    How To Protect Against Elder Abuse
    How To Protect Against Elder Abuse A Senate Special Committee on Aging had a hearing in November of 2016, which allowed experts to testify that elder abuse is still a growing problem in the United States.  The experts testified that over…
  • Jan 13

    Florida Statute Of Limitations on a Will

    Florida Statute Of Limitations on a Will
    What is the Florida Statute Of Limitations on a Will? A common question Jacksonville estate planning lawyers are often asked is how long does a person have to Florida will contest a will or what is the statute of limitations to contest a will…
  • Jan 11

    The Importance of a Florida DNR: Do Not Resuscitate Order

    The Importance of a Florida DNR: Do Not Resuscitate Order
    A Florida DNR is a document you will not complete with your Jacksonville Estate Planning Lawyer. Many feel that estate planning is a great area of law because it allows people to plan ahead for how they wish to be treated medically in a…
Rank this Week: 281

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/
  • Jan 16

    2d DCA: Can a divorce judge force you to terminate your irrevocable trust and split the assets with your ex’?

    2d DCA: Can a divorce judge force you to terminate your irrevocable trust and split the assets with your ex’?
    Nelson v. Nelson, — So.3d —-, 2016 WL 7322546 (Fla. 2d DCA December 16, 2016) Multi-generational irrevocable trusts (often referred to as “dynasty” trusts) have always been around, but changes to federal estate tax…
  • Dec 16

    Bias on the bench

    Bias on the bench
    Inheritance cases are almost always bench trials, which means they’re decided by a jury of one: your judge. If one person’s going to determine the outcome of your entire case, you’d better be aware of the unconscious biases…
  • Dec 12

    4th DCA: Love and marriage in contested Florida guardianship

    4th DCA: Love and marriage in contested Florida guardianship
    Smith v. Smith, — So.3d —-, 2016 WL 803625 (Fla. 4th DCA March 2, 2016) As Bette Davis once famously quipped, getting old ain’t for sissies. But it’s a whole lot easier if you’re married. And…
Rank this Week: 340

New York Probate & Estate…

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/
Rank this Week: 346

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 9

    Tips When Registering Your trademark With an Attorney

    Tips When Registering Your trademark With an Attorney
    When you are looking to brand a business, you need to begin by registering a trademark. A trademark is essentially a sign, design or unique expression that is recognisable. Through the use of trademark registration, you can be sure that other…
  • Oct 15

    KNOWING MARYLAND’S MEDICAL MALPRACTICE AND WHEN TO CALL A LAWYER

    KNOWING MARYLAND’S MEDICAL MALPRACTICE AND WHEN TO CALL A LAWYER
    That opening line of the Hippocratic Oath isn’t always so uncomplicated as it is brief. Maryland medical malpractice lawyers engage hundreds, if not thousands of cases yearly in which medical professionals left their patients in worse…
  • Oct 9

    Looking At Bankruptcy Law In California

    Looking At Bankruptcy Law In California
    Setbacks are common in life. If your financial situation has spiraled out of control it’s wise that you apply for insolvency. Paths of Alleviation Personal bankruptcy laws supply you with two paths for relief: chapter 7 as well as…
Rank this Week: 452

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/
  • Jan 17

    Exclusion of Gains from Sale of Personal Residence

    Exclusion of Gains from Sale of Personal Residence
    In this blog post, Justin M. Kennedy discusses a special exclusion of gains from the sale of a personal residence built into the Internal Revenue Code in Section 121. The post Exclusion of Gains from Sale of Personal Residence appeared first…
  • Jan 11

    Clayton Trust – The Advantages of the B-Trust

    Clayton Trust – The Advantages of the B-Trust
    By: Justin M. Kennedy, Attorney Law Office of Roy W. Litherland Prior to 2014, for married clients with estates valued at over one million dollar ($1,000,000), our office often recommended ABC Trusts.  This trust structure was used to…
  • Jan 3

    Litherland Law Office 2017 Government Policy Forecast

    Litherland Law Office 2017 Government Policy Forecast
    By:  Matthew M. Shafae, Attorney Law Office of Roy W. Litherland Elections have consequences. On January 3, 2017, the 115th United States Congress met for the first time, with both houses controlled by the Republican Party. On January…
Rank this Week: 573

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: 550

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/
  • Jan 18

    The Risks of Making Charitable Gifts Through Trust

    The Risks of Making Charitable Gifts Through Trust
    Charitable giving is a common feature of many estate plans. In many cases this takes the form of a simple gift in a person’s last will and testament, but charitable giving can also involve complex trust arrangements designed to benefit…
  • Jan 17

    Handwritten Wills Often Lead to Legal Problem

    Handwritten Wills Often Lead to Legal Problem
    The legal requirements for making a valid will in California are straightforward. A will should be in writing and signed by the testator (the person making the will) in the presence of at least two witnesses. Ideally the will is typewritten…
  • Jan 4

    What Happens to My Bankruptcy Case if I Die?

    What Happens to My Bankruptcy Case if I Die?
    In a typical probate administration, the personal representative named in the deceased person’s will must pay off any valid debts presented to the estate. What if the decedent was already in bankruptcy at the time of his or her death?…
Rank this Week: 775

All About Estates

All About Estates

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

http://www.allaboutestates.ca/
  • Jan 18

    Appeal Court: Fraudulent Concealment Stopped the Clock

    Appeal Court: Fraudulent Concealment Stopped the Clock
    I previously blogged about Roulston v McKenny et al, 2016 ONSC 2377, as a classic example of chutzpah. The deceased’s ex-wife had a claim against his estate if a life insurance policy lapsed. Even though the estate trustee knew that the…
  • Jan 17

    7th Annual Trustee Investment Review

    7th Annual Trustee Investment Review
    This is my 7th annual year end investment review for Trusts. As I have indicated in the past, Trustees are accountable for a prudent investment policy. This includes a review of the performance of the investments in the Trust. For Trusts that…
  • Jan 16

    RRIF rollovers and grandchildren.

    RRIF rollovers and grandchildren.
    Can RRIF proceeds paid after death to a testamentary trust, and used to purchase an annuity for the deceased’s grandson, qualify for a tax deferred rollover? The Canada Revenue Agency (“CRA”) was…
Rank this Week: 709

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/
  • Jan 5

    Sharp as a Tack . . . Clear as a Bell

    Sharp as a Tack . . . Clear as a Bell
    Very often, when the proponent of a will (and sometimes even the attorney-draftsperson or witness) is questioned about the decedent’s mental state and the decedent’s instructions, the reflexive response is that the decedent was…
  • Nov 22

    A Flood . . . in the Basement

    A Flood . . . in the Basement
    A recent case decided by the Richmond County Surrogate revisits the law pertaining to probating lost or damages wills. In Matter of Larsen, the decedent’s will, apparently damaged in a flooded basement to the extent that the…
  • Sep 29

    Article 17-A Guardianship: It is Not for Everyone

    Article 17-A Guardianship: It is Not for Everyone
    In two recent decisions, Surrogate Lopez Torres of Kings County denied petitions for guardianship under SCPA Article 17-A, demonstrating the strict circumstances under which guardians are appointed under this particular statute. Unlike under…
Rank this Week: 642

New York Probate and Estate…

New York Probate and Estate Administration Blog

Published by Stephen Bilkis & Associates

http://www.newyorkprobateestateadministration.com/
  • Jan 16

    Court Wrestles with Procedural Question

    Court Wrestles with Procedural Question
    This is a motion for an order directing the proponent, who is decedent’s widow, to appear for an examination before trial to enable petitioner to frame objections to the propounded instrument bearing date March 10, 1961, and for other…
  • Jan 13

    Court Discusses Principal of Incorportion by Reference

    Court Discusses Principal of Incorportion by Reference
    The petition presents an issue under the doctrine of ‘incorporation by reference’ as applied to wills. The petitioner a sister of the testator, presents an unwitnessed holographic instrument executed January 9, 1968…
  • Jan 9

    Petitioner Requests Limited Letters of Estate Administration

    Petitioner Requests Limited Letters of Estate Administration
    This is an application for limited letters of temporary estate administration. Decedent executed a will in Ireland which was witnessed by the manager for the United States Lines in Ireland and the American Consul in Cork. Beside a small…
Rank this Week: 790

Mendel Law Firm Blog

Mendel Law Firm Blog

Covers estate planning.

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

    Why A Successor Trustee Is Important

    Why A Successor Trustee Is Important
    If you are considering the addition of a trust agreement to your estate plan you will need to make a number of important decisions should you decide to create a trust. Deciding who to appoint as the Trustee of your trust is one of those…
  • Dec 13

    Why Should Incapacity Planning Be Included in Your Estate Plan?

    Why Should Incapacity Planning Be Included in Your Estate Plan?
    A comprehensive estate plan should do far more than simply provide a roadmap for the distribution of your estate assets after your death. Components such as tax and probate avoidance, special needs planning, or retirement planning can easily…
  • Dec 6

    Under a Power of Attorney Can an Agent Make Gifts on Your Behalf?

    Under a Power of Attorney Can an Agent Make Gifts on Your Behalf?
    A power of attorney is a commonly used legal document, often included in a comprehensive estate plan. When used properly, a power of attorney, or POA, can be a beneficial addition to your estate plan. Unfortunately, people often execute a POA…
Rank this Week: 930

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/
  • Dec 1

    Embryo Feud Between Sofia Vergara And Nick Loeb Grows Nastier

    Embryo Feud Between Sofia Vergara And Nick Loeb Grows Nastier
    The moment the lawsuit started, it was ugly. Sofia Vergara and Nick Loeb have moved well past ugly into uncharted territory in their courtroom battle that addresses views about life itself. As we wrote after the case began, Vergara and Loeb's…
  • Nov 3

    Prince Estate Enters New Fight Over Who Will Inherit His Million

    Prince Estate Enters New Fight Over Who Will Inherit His Million
    So much trouble caused by such a simple concept. When you create a will, you decide who receives your assets after you die. If you don’t, the laws of the state you live in determine it. What happens when those laws aren’t too…
  • Sep 15

    Gene Wilder And His Struggle With Alzheimer's Highlight Estate Planning Lesson

    Gene Wilder And His Struggle With Alzheimer's Highlight Estate Planning Lesson
    The death of Gene Wilder saddened Willa Wonka fans across the globe — not to mention fans of Blazin’ Saddles, Young Frankenstein, and many others. When his family issued a statement saying that Alzheimer’s disease claimed…
Rank this Week: 934

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: 956

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/
  • Jan 18

    Business Lobbying Goes Global

    Business Lobbying Goes Global
    Melissa J. Durkee, Astroturf Activism, 69 Stanford L. Rev. (forthcoming 2017), available at SSRN.Verity WinshipCitizens for Sensible Control of Acid Rain. Consumers for World Trade. The American Forest and Paper Association. The Turkish…
  • Jan 17

    Rethinking Remedie

    Rethinking Remedie
    Nicholas Bagley, Remedial Restraint in Administrative Law, Columbia Law Review (forthcoming 2017), available via SSRN.Kathryn WattsWe have all heard the saying that you “don’t need a sledgehammer to kill a gnat.” Yet, when…
  • Jan 16

    Jim Crow’s Unwritten Code

    Jim Crow’s Unwritten Code
    Stephen A. Berrey, The Jim Crow Routine: Everyday Performances of Race, Civil Rights, and Segregation in Mississippi (2015).Anders WalkerIn The Jim Crow Routine, historian Stephen Berrey brings fresh eyes to the intricate set of legal rules…
Rank this Week: 1181

Law Office of Andrew M. Lamkin,…

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

Covers elder law.

http://lamkinelderlaw.com/articles/
  • Jan 13

    What Are the Inheritance Rights of Adopted Children?

    What Are the Inheritance Rights of Adopted Children?
    Estate Planning Attorney Assisting Long Island Families with Adopted Children In general, an adopted child will typically have the same inheritance right to adoptive parents as biological children of those same parents. However, there are…
  • Jan 6

    Sensitive Estate Planning Questions That You Must Addre

    Sensitive Estate Planning Questions That You Must Addre
    Understanding and Caring Attorneys Assisting with Estate Planning in the Long Island Area Estate planning tends to strike fear in some. After all, it is about planning the future after death. While that sounds morbid, it is a necessity if…
  • Dec 22

    The Importance of Holding a Family Meeting to Discuss Your Estate Plan

    The Importance of Holding a Family Meeting to Discuss Your Estate Plan
    New York Attorney Recommends Helping your Family Understand your Estate Plan via Family Meetings You have family meetings to discuss important issues in the family, but have you had one about your estate plan or what happens to finances after…
Rank this Week: 1363

Murphy's Law Blog

Murphy's Law Blog

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

http://www.noreenmurphylaw.com/blog/
  • Jan 12

    Moving Forward with Estate Planning When Your Spouse is Uncomfortable with It

    Moving Forward with Estate Planning When Your Spouse is Uncomfortable with It
    As one part of a married couple, perhaps you put off estate planning because you need your spouse in order for it to be effective. If that’s the case, a non-cooperative spouse who doesn’t want to think or talk about it can lead to…
  • Jan 5

    Do You Need an Estate Planning Audit?

    Do You Need an Estate Planning Audit?
    Does thinking about your original estate planning documents conjure up images of meeting in someone’s office a decade ago when you first got married or when you had a child? Or was it in the more recent past, but there are numerous…
  • Dec 14

    Multiple Reasons Why Your Estate Planning Needs a Lift This Year

    Multiple Reasons Why Your Estate Planning Needs a Lift This Year
    As we quickly approach 2017, it is an excellent opportunity to review your existing estate planning documents and determine if  you have fallen short. Unfortunately, far too many people make simple mistakes that can end up turning into…
Rank this Week: 1428

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
  • Jan 11

    Can Proceeds of Insurance Policy be Seized to Pay Debts of an Estate?

    Can Proceeds of Insurance Policy be Seized to Pay Debts of an Estate?
    After you die, your estate is responsible for your debts. Creditors can make claims against your probate estate for what you owe. Assets such as life insurance proceeds, IRAs and other qualified plans are non-probate assets. They pass to the…
  • Dec 23

    Wishing You Peace

    Wishing You Peace
    As the year draws to a close, I have a lot for which to be thankful: My greatest joy is my family, and I am thankful for the opportunity to be a wife, mother, daughter, sister, and aunt to amazing people I love more than I could ever express.…
  • Dec 15

    What are the Mental Requirements for Making a Will?

    What are the Mental Requirements for Making a Will?
    A concerned daughter contacted me. Her mother’s Will was outdated, and needed to be updated. She has been wanting to make changes for years, but getting this done now seems more pressing. Her mother is experiencing health issues,…
Rank this Week: 1293

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
  • Jan 5

    New Years Resolution

    New Years Resolution
    Each year I am told of clients who had a new years resolution to “Get our estate plan done this year….” Each year they tell me they failed to do it until finally they came to see me. Often they tell me “the estate…
  • Dec 27

    Stuff happens… so finish your estate plan

    Stuff happens… so finish your estate plan
    Every year it happens. Every year I get to the end of the year and am amazed that some people I met with months ago have not finished their estate plans yet. People who have had rough drafts mailed to them long ago. People who have been…
  • Dec 8

    How to probate when a husband and wife die a year a part

    How to probate when a husband and wife die a year a part
    I had a really interesting fact pattern today that I wanted to share. I got the perspective client’s permission to share but, of course, names are changed for privacy. Sadly Gina’s mom, Molly, died in December of 2015 and her dad,…
Rank this Week: 1321

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/
  • Dec 20

    Is an Irrevocable Trust for Wife, Settled by the Husband, Subject to Equitable Distribution

    Is an Irrevocable Trust for Wife, Settled by the Husband, Subject to Equitable Distribution
    A spouse's interest in an irrevocable trust, normally established by the spouse's parent or other relative, is not subject to equitable distribution in a divorce.  But what about an irrevocable trust established by one of the spouses?…
  • Dec 13

    Citizenship of Trustees Controls For Federal Diversity Jurisdiction

    Citizenship of Trustees Controls For Federal Diversity Jurisdiction
    The citizenship of a traditional trust for purposes of federal court’s diversity requirement is determined by the citizenship of the trust’s trustees. Diversity jurisdiction is a form of subject matter jurisdiction permitting…
  • Dec 7

    Another Great Review for Probate Lawyer Brian Spiro

    Another Great Review for Probate Lawyer Brian Spiro
    From a client: Dear Brian, Your tenacity, patience, intellect and thoughtfulness are truly appreciated. You turned the underdog into top dog!  We both thank you and know that you are at the beginning of a very successful career!…
Rank this Week: 1468

New York Probate Lawyer Blog

New York Probate Lawyer Blog

By Jules Martin Haas.

http://www.newyorkprobatelawyerblog.com/
  • Nov 2

    New York Will Contests Can Be Avoided

    New York Will Contests Can Be Avoided
    There are many great reasons to create an estate plan. The New York Probate Lawyer Blog has published many posts discussing the basics of estate planning. Preparing and signing documents such as a Last Will, Living Will, Health Care Proxy,…
  • Oct 26

    New York Wills Need to Be Properly Prepared and Signed

    New York Wills Need to Be Properly Prepared and Signed
    The preparation and signing of Wills in New York is an important part of the estate planning process. Creating documents such as a Last Will, Living Will, Health Care Proxy and Living Trust is an important first step in expressing a persons…
  • Oct 19

    New York Estate Planning Involves Many Consideration

    New York Estate Planning Involves Many Consideration
    Planning an estate in New York requires that numerous factors be considered. The testator or creator of a Last Will or Trust should begin by making a complete inventory and review of his assets. The New York Probate Lawyer Blog has many posts…
Rank this Week: 1110

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/
  • Sep 2

    Florida Supreme Court Adopts Amendments to Guardianship Accounting Rule

    Florida Supreme Court Adopts Amendments to Guardianship Accounting Rule
    On September 1, 2016, the Florida Supreme Court approved changes to the Probate Rules. The Probate Rules include both Probate and Guardianship. While there were multiple changes to throughout (many being minor), in this post I am going to…
  • May 19

    David Shulman’s Appearance on the Ask the Experts Radio Show – May 2016

    David Shulman’s Appearance on the Ask the Experts Radio Show – May 2016
    Here is my monthly appearance on the Ask the Experts Radio Show, where we discuss estate planning, probate, guardianship, powers of attorney, and related matters. The post David Shulman’s Appearance on the Ask the Experts Radio Show…
  • May 19

    David Shulman’s Appearance on the Ask the Experts Radio Show – May 2016

    David Shulman’s Appearance on the Ask the Experts Radio Show – May 2016
    Here is my monthly appearance on the Ask the Experts Radio Show, where we discuss estate planning, probate, guardianship, powers of attorney, and related matters. The post David Shulman’s Appearance on the Ask the Experts Radio Show…
Rank this Week: 1435

Northern California Center for…

Northern California Center for Estate Planning and Elder Law

Covers estate planning.

http://www.norcalplanners.com/blog/
  • Jan 24

    Sacramento Nursing Home Costs Are Among the Highest in the Country

    Sacramento Nursing Home Costs Are Among the Highest in the Country
    Our firm practices law in Sacramento, California, and we also have an office in Roseville. Anyone who lives in our area knows that there are countless advantages, and it is truly a great place to live. We have everything that big cities have…
  • Jan 21

    A Probate Attorney Can Help With Estate Administration

    A Probate Attorney Can Help With Estate Administration
    You should be aware of the multifaceted nature of a properly constructed estate plan.  It is wise to take a 360 degree approach so that you can leave behind a workable situation for your loved ones after you are gone. A last will is a…
  • Jan 21

    Free Report: Is Incapacity Planning in Northern California Really Important

    Free Report: Is Incapacity Planning in Northern California Really Important
    When you are going through life as a relatively healthy adult, the prospect of incapacity can seem alien to you. Of course we all recognize the fact that elders sometimes become unable to handle all their own affairs, but it can seem like…
Rank this Week: 1132

Nirenstein, Horowitz & Associates,…

Nirenstein, Horowitz & Associates, P.C. Blog

Covers Connecticut estate planning, probate and elder law.

http://www.preserveyourestate.net/blog/
  • Jan 6

    What Is Nursing Home Asset Protection?

    What Is Nursing Home Asset Protection?
    If you are planning ahead for your retirement years and the twilight years that will follow, you should certainly consider the matter of nursing home asset protection. Nursing homes are extremely expensive around the country, but here in…
  • Jan 6

    What Is Nursing Home Asset Protection?

    What Is Nursing Home Asset Protection?
    If you are planning ahead for your retirement years and the twilight years that will follow, you should certainly consider the matter of nursing home asset protection. Nursing homes are extremely expensive around the country, but here in…
  • Jan 4

    How Can You Minimize Your Estate Tax Exposure?

    How Can You Minimize Your Estate Tax Exposure?
    People in most areas of the country have just one estate tax to concern themselves with. The federal estate tax is applicable everywhere, but the good news is that there is a relatively large estate tax exclusion. The credit or exclusion is…
Rank this Week: 1108

Estateography

Estateography

By Alvi Aggarwal.

http://www.estateography.com/
  • Jul 7

    What's a Credit Shelter Trust? Portability?

    What's a Credit Shelter Trust? Portability?
    The estate tax exemption amount is the amount that the federal government allows you to leave to your kids, grandkids, and people other than your spouse and charity without paying estate tax. In 2015, that amount is $5.43 million. The amount…
  • Jun 28

    Legacy Letters And Ethical Will

    Legacy Letters And Ethical Will
    Across history and cultures, people have been writing letters to descendants to share wisdom, preserve traditions, record family history, explain, and inspire. These letters have been called different things, but today they're most commonly…
  • Jun 21

    Who Should I Name As My Executor?

    Who Should I Name As My Executor?
    Your executor will be responsible for dealing with your probate estate (i.e., the assets passing under your will) after your death. An executor’s responsibilities include things like finding and inventorying your assets (including the…
Rank this Week: 1391

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 29

    New Birth Certificate Guidelines in North Carolina for Same-Sex Couples’ Children

    New Birth Certificate Guidelines in North Carolina for Same-Sex Couples’ Children
    Same-sex couples who have a child in North Carolina could previously only list one parent on the child’s birth certificate. This made administration of additional documentation for the child (Social Security card, school registrations,…
  • May 27

    Covering Retirement v. Leaving Inheritance

    Covering Retirement v. Leaving Inheritance
    Expenses in senior years continue to be a concern for many Americans. As multiple studies show, most individuals do not maintain adequate retirement contributions. As the costs of long-term care (LTC) insurance policies and LTC costs rise,…
  • 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…
Rank this Week: 1456

German Law Group Blog

German Law Group Blog

Covers estate planning.

http://www.germanlawgroup.com/
  • Jan 17

    Limited Liability Company vs. Corporation

    Limited Liability Company vs. Corporation
    Are you planning to embark on your own entrepreneurial venture in the near future? If so, you will have a seemingly endless number of important decisions to make that relate to the business. By far, one of the most important decisions you…
  • Jan 12

    Medicaid Planning Guide

    Medicaid Planning Guide
    You may have heard people talking about the importance of including “Medicaid planning” in your estate plan and wondered why you would need to plan for Medicaid. The reason centers around the strong possibility that you will need…
  • Jan 10

    Tips for Creating a Will

    Tips for Creating a Will
    If you are like most people, your estate planning process will begin by creating a Last Will and Testament. As you move through the stages of your life, and your estate grows, you will likely incorporate additional estate planning tools and…
Rank this Week: 2439

Hauptman and Hauptman, P.C. Blog

Hauptman and Hauptman, P.C. Blog

Covers guardianship, Medicaid, probate and estate administration.

http://www.hauptmanlaw.com/blog
  • Jan 15

    The Importance of Having a Medicare Supplement (Part 1)

    The Importance of Having a Medicare Supplement (Part 1)
                    Since a large majority of our clients are over the age of 65 or disabled and receiving Social Security, those clients also receive Medicare…
  • Jan 8

    What to Do When You Have No One to Help (Part 2)

    What to Do When You Have No One to Help (Part 2)
                    Last week I presented to you the hypothetical, but very common case, of Jane who is in the hospital and has acute and chronic health issues.  She…
  • Jan 2

    What to Do When You Have No One to Help

    What to Do When You Have No One to Help
                    I have written often about the need for everyone to have a support system in place in the event of a crisis.  Think about whom you would turn to…
Rank this Week: 2032

Florida Probate Litigation Lawyer…

Florida Probate Litigation Lawyer Blog

Cover Florida probate litigation. By Chepenik & Trushin LLP.

http://www.floridaprobatelitigationlawyer.com/
  • Jan 11

    How Pre-Nups and Probate Court engage

    How Pre-Nups and Probate Court engage
    Effect of Marital Agreement on Entitlement to Probate Estate When it comes to estate planning, multiple factors can influence the distribution of the estate, besides a trust document or a will. One such device is a martial agreement made…
  • Dec 29

    Is Time really on your side when serving as a Trustee?

    Is Time really on your side when serving as a Trustee?
    Time Limitations for Proceedings Against Trustees: Discussing Failure to Account An individual serving as a trustee owes certain duties to the beneficiaries of that trust. One such duty is the duty to account to the beneficiaries. …
  • Dec 15

    Bang Bang – Pop goes the gun!

    Bang Bang – Pop goes the gun!
    Gun Trusts: Background Check Loophole Eliminated A gun trust is a legal device that makes it easier to handle firearms after the gun owner’s death. These trusts are used for guns that are regulated by federal laws: the National Firearms…
Rank this Week: 1829

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
  • Jan 9

    Should I Put My Kids on My Bank Account?

    Should I Put My Kids on My Bank Account?
    When people have heard through the grapevine about the potential perils of the probate process, they often ask me if they should just add their kids to their bank accounts in order to avoid probate. My answer is always a resounding: No.…
  • Dec 29

    How are Employee Bonuses Taxed?

    How are Employee Bonuses Taxed?
    How is an end of year bonus taxed? Bonuses are included in a special type of income called "Supplemental Wages," which are defined by the IRS as follows: Supplemental wages are wage payments to an employee that aren't regular wages. They…
  • Dec 29

    Tax Plan Differences: Trump vs. House GOP

    Tax Plan Differences: Trump vs. House GOP
    Although Trump and the Republicans in the House of Representatives generally agree on a number of significant tax reform issues, there are still a number of issues that need to be resolved, as discussed in the video below from the Wall Street…
Rank this Week: 2285

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
  • Jan 9

    Due Process, Death and Taxe

    Due Process, Death and Taxe
    I have written extensively about the application of the due process requirements under both the Florida and United States Constitutions in previous blogs and cannot resist touching upon a recent opinion in a state court case applying federal…
  • Dec 27

    Trust Revocation: No Magic Art is Necessary

    Trust Revocation: No Magic Art is Necessary
    The Uniform Trust Code §602(c) provides that a settlor may revoke or amend a revocable trust by substantial compliance with a method provided in the terms of the trust or by any method manifesting clear and convincing evidence of the…
  • Dec 14

    Probate and Due Process in Florida

    Probate and Due Process in Florida
    DEATH, PROBATE AND DUE PROCESS:  Do the Notice Requirements Under the Florida Probate Code and Rules Pass Constitutional Muster? by Adrian P. Thomas, Michele M. Thomas and Daniel A. McGowan Property rights are among the basic substantive…
Rank this Week: 1739

California Trust, Estate & Probate…

California Trust, Estate & Probate Litigation

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

http://www.californiatrustestateandprobatelitigation.com
  • Nov 22

    Selecting your Trust or Will litigation lawyer

    Selecting your Trust or Will litigation lawyer
    How do you select a lawyer to represent you in a Trust or Will litigation matter? It can be a frustrating process. What we suggest to people is to be comfortable with the person you are meeting with before hiring a lawyer. Lawyers have a…
  • Nov 8

    How to fight against the Big Dogs: Fighting big law firms in Trust and Will litigation lawsuit

    How to fight against the Big Dogs: Fighting big law firms in Trust and Will litigation lawsuit
    Occasionally we are asked about fighting against a big firm. Maybe your Trustee decides to hire a big firm in Los Angeles, New York, Chicago, Boston, or some other big city. How are you going to fight your Trustee when he or she is…
  • Oct 25

    Would you pay money to take on a thankless job? Fighting to be Trustee of a California Trust

    Would you pay money to take on a thankless job? Fighting to be Trustee of a California Trust
    There are times when a Trust settlor names a successor Trustee who is not a beneficiary of the Trust. This is often a great idea because naming a child as Trustee can be disastrous. And naming two or more children as Co-Trustees is a…
Rank this Week: 2249

Utah Estate Planning

Utah Estate Planning

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

http://www.utahestateplanning.typepad.com/
  • Sep 20

    How you can benefit from elder law services - Video | KRIV

    How you can benefit from elder law services - Video | KRIV
    via www.fox26houston.com How you can benefit from elder law services? ElderCounsel CEO, Valerie Peterson, J.D., was live on Fox 26 Houston on Thursday, September 15. She talked about common elder law planning misconceptions, long term care in…
  • 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,…
Rank this Week: 2301

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
  • Jun 16

    Presentation At The 2016 Arkansas Bar Association Annual Meeting

    Presentation At The 2016 Arkansas Bar Association Annual Meeting
              Today one of my law partners, Pat James, and I will be privileged to make a presentation at the Arkansas Bar Association Annual Meeting in Hot Springs, Arkansas, where over 1,200 lawyers and…
  • 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 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…
Rank this Week: 2400

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
  • Feb 19

    Avvo Q&A: "Can dad put me on the deed?"

    Avvo Q&A: "Can dad put me on the deed?"
    I will begin syndicating the responses I give to certain estate and probate questions posted on the advice website Avvo. We begin with a question regarding estate planning. I'll place the question here and then my answer after the "read…
  • Feb 17

    A "power of appointment" - what is that?

    A "power of appointment" - what is that?
    The Georgia Supreme Court recently handed down the case of Smith v. Ashford (full text below the break), in which it dealt with a testator's use of a "power of appointment."What is a power of appointment? In estate-planning parlance, a…
  • Jul 6

    Myers v. Myers: Executor may not run estate as his personal busine

    Myers v. Myers: Executor may not run estate as his personal busine
    The Georgia Supreme Court handed down the probate case of Myers, Executor v. Myers, today. In some ways, the case is an unremarkable example of an executor using an estate as a cash cow for his personal expenditures and, among other…
Rank this Week: 1966

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: 2415

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: 1998

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: 1903

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: 2296

Atlanta Probate Lawyer Blog

Atlanta Probate Lawyer Blog

Published by The Libby Law Firm.

http://www.atlantaprobatelawyerblog.com/
Rank this Week: 2354

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: 2273

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: 2344

Florida Estate Planning and…

Florida Estate Planning and Probate Law Blog

By Marc Soss.

http://floridaestateplanningandprobatelaw.blogspot.com/
  • Jan 18

    IS A PAY-ON-DEATH OR TRANSFER-ON-DEATH ACCOUNT THE RIGHT CHOICE FOR THE ACCOUNT BENEFICIARY?

    IS A PAY-ON-DEATH OR TRANSFER-ON-DEATH ACCOUNT THE RIGHT CHOICE FOR THE ACCOUNT BENEFICIARY?
    The benefits and negatives associated with establishing transfer on death (TOD) and pay on death (POD) accounts has been debated for a long-time. The main benefit of an account of this nature is that the account assets will pass directly to…
  • Jan 16

    IRS NOTICE 2017-12 - FEDERAL ESTATE TAX RETURN CLOSING LETTER GUIDANCE

    IRS NOTICE 2017-12 - FEDERAL ESTATE TAX RETURN CLOSING LETTER GUIDANCE
    For years, probate practitioners relied upon a Federal Estate Tax Closing Letter (Closing Letter) as evidence that the IRS has accepted a Federal Estate Tax Return (Form 706) as filed and that the federal tax liabilities of the estate were…
  • Jan 13

    SOCIAL SECURITY - NEW AGE FOR FULL RETIREMENT

    SOCIAL SECURITY - NEW AGE FOR FULL RETIREMENT
    Understanding social security can result in a happier retirement. January 1, 2017 brought in significant changes and the new age of 66 years and 2 months (it had been 65 years) for full retirement benefits (for those born between 01/02/1955…
Rank this Week: 2820

Texas Probate Litigation

Texas Probate Litigation

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

http://www.txprobatelitigation.com/
  • Jan 17

    Court may construe a will before it is admitted to probate

    Court may construe a will before it is admitted to probate
    Many will contests involve a challenge to the validity of a will, such as claims it did not meet formality requirements or that the testator lacked capacity or was subjected to undue influence. However, sometimes the primary dispute is how...
  • Dec 21

    Challenging non-testamentary designation

    Challenging non-testamentary designation
    Much of the "action" in probate litigation these days does not involve challenges to testamentary dispositions. Instead, I see more of a trend in my practice of challenges to beneficiary designations. Those include designations for: life…
  • Nov 17

    Estate of Koontz: Another summary judgment overturned

    Estate of Koontz: Another summary judgment overturned
    Estate of Koontz is a very recent decision from the San Antonio Court of Appeals. The trial court in Bandera County had granted summary judgment against a will contestant's claims of lack of testamentary capacity and undue influence. The…
Rank this Week: 4719