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Wills, Trusts & Estates Prof…

Wills, Trusts & Estates Prof Blog

By Gerry W. Beyer.

http://lawprofessors.typepad.com/trusts_estates_prof/
  • Sep 4

    Article On The Law of Will-Execution

    Article On The Law of Will-Execution
    Mark Glover (Professor of Law, University of Wyoming College of Law) recently published an article entitled, Decoupling the Law of Will-Execution, 88 St. John's L. Rev. 597-652 (2014). Provided below is an abstract of the article: The law of…
  • Sep 4

    Inherited Wealth Tends Not To Last Very Long For Many American

    Inherited Wealth Tends Not To Last Very Long For Many American
    The Baby Boomers as a whole are rich and many of them will leave significant wealth to the succeeding generations. However, the windfall does not last for long as one in three people will have spent the entire devise within...
  • Sep 4

    CLE On Exculpatory Clause

    CLE On Exculpatory Clause
    The American Bar Association is presenting a CLE entitled, Exculpatory Clauses, Tuesday October 20, 2015, 12:00-1:30pm Central, online. Here are some details about the event: JOIN THE SECTION & SAVE! ABA Members join RPTE for $70 to save…
Rank this Week: 118

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: 186

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/
  • Sep 2

    Thoughts on the Tom Clancy estate tax allocation litigation

    Thoughts on the Tom Clancy estate tax allocation litigation
    Baltimore City Orphans’ Court Judge Lewyn Scott Garrett entered this 47-page order ruling that the late author’s estate taxes must be paid exclusively from the trust going to the four adult children of his first…
  • Aug 23

    2015 Florida trust and estate legislative roundup

    2015 Florida trust and estate legislative roundup
    This was another busy year on the legislative front. Most of the changes to our Probate and Trust Codes were rolled into House Bill 343, which I report on below. In a subsequent blog post I’ll report on House Bill…
  • Aug 17

    4th & 5th DCAs: When does a probate judge have “personal” jurisdiction over a personal representative or trustee?

    4th & 5th DCAs: When does a probate judge have “personal” jurisdiction over a personal representative or trustee?
    Section 731.105 of our Probate Code tells us that all probate matters are “in rem” proceedings. In my last post I wrote about two recent cases testing the outer limits of a probate court’s in rem jurisdictional…
Rank this Week: 194

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: 218

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
  • Aug 31

    What Happens If You Die Without A Will?

    What Happens If You Die Without A Will?
    When it comes to our to do lists, most people have penciled in "make a will" or "make an estate plan" right at the very bottom. For heaven's sake, who wants to think about dying? Not me, and I'm an estate planning attorney. The trouble is…
  • Jul 31

    State Death Tax Is a Killer?

    State Death Tax Is a Killer?
    Stephen Moore & Joel Griffith via The Heritage Foundation: Over the past five years, a handful of states — Indiana, Kansas, Ohio, Oklahoma, North Carolina, and Tennessee — have repealed their death taxes mostly in response to…
  • Jun 15

    LLC Agreement Provisions Create Non-Probate Interest

    LLC Agreement Provisions Create Non-Probate Interest
    In Blechman v. Estate of Blechman, a Florida District Court of Appeal recently held that the provisions of a particular limited liability company’s (LLC) operating agreement restricted the transfer of a decedent’s ownership…
Rank this Week: 280

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: 380

Wills and Estate Administration…

Wills and Estate Administration Articles

Covers probate, elder law and litigation topics. By Kenneth Vercammen.

http://njwills.blogspot.com/
Rank this Week: 437

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: 423

Mendel Law Firm Blog

Mendel Law Firm Blog

Covers estate planning.

http://www.mendellawfirm.com/blog/
  • Sep 2

    Thought for the Day:

    Thought for the Day:
    The more that you read, the more things you will know. The more that you learn, the more places you’ll go. Dr. Seu
  • Sep 2

    Disinheriting a Grandchild in Your Estate Plan

    Disinheriting a Grandchild in Your Estate Plan
    Estate planning decisions can be difficult to make, particularly if you have a potential heir whom you feel does not deserve to be included, or who will squander the inheritance. If you have a grandchild (or child) who falls into this…
  • Sep 1

    Texas History – Do You Know What San Antonian Served with Neil Armstrong on the First U.S. Space Docking?

    Texas History – Do You Know What San Antonian Served with Neil Armstrong on the First U.S. Space Docking?
    On March 16, 1996, command pilot Neil Armstrong and San Antonian David Scott were launched into space on the Gemini 8 mission. The flight was originally scheduled to last three days but terminated early due to a malfunctioning thruster. The…
Rank this Week: 502

Nirenstein, Horowitz & Associates,…

Nirenstein, Horowitz & Associates, P.C. Blog

Covers Connecticut estate planning, probate and elder law.

http://www.preserveyourestate.net/blog/
  • Sep 4

    Retirement Planning FAQs: How Much Can I Expect From Social Security?

    Retirement Planning FAQs: How Much Can I Expect From Social Security?
    When you are engaged in your retirement planning efforts, you probably recognize the fact that Social Security will be a big piece to the puzzle. You should certainly understand what you can expect from this program when you are looking ahead…
  • Sep 2

    What Are Advance Directives for Health Care?

    What Are Advance Directives for Health Care?
    You address events that will take place after you pass away when you plan your estate. This is rather self-evident, but a holistic estate plan will take things a step further. Preparing for the things that may occur before you pass away is…
  • Aug 31

    Do I Need More That Just a Will?

    Do I Need More That Just a Will?
    Some people think about estate planning, and they automatically flash upon a last will. You draw up a last will stating the way that you want your assets to be distributed after you pass away, and you have an estate plan in place. Having a…
Rank this Week: 796

California Trust, Estate & Probate…

California Trust, Estate & Probate Litigation

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

http://www.californiatrustestateandprobatelitigation.com
  • Sep 3

    What To Do When Your Accused of Estate Theft?

    What To Do When Your Accused of Estate Theft?
    When a Trust or Will fight breaks out, the allegations get nasty really quickly and it often is alleged that one of the parties (or both) stole from the estate. In fact, we even have a Probate Code section (see section 850) that allows a…
  • Aug 27

    Being Threatened by the Trustee? The empty threat of no-contest clause

    Being Threatened by the Trustee? The empty threat of no-contest clause
    Nearly everyday I hear from a Trust or Will beneficiary that they have been threatened with the No-Contest clause by their Trustee or Executor.  In today’s legal world, no-contest clauses are rarely enforceable.  And yet, the…
  • Aug 20

    Can You Disinherit a Bad Trustee? The Tricky No-Contest Law in California Trust and Will Case

    Can You Disinherit a Bad Trustee? The Tricky No-Contest Law in California Trust and Will Case
    The ever confusing Trust and Will no-contest clause is continually being used and abused in California Trust and Will lawsuits. The irony is that a beneficiary is rarely, if ever, disinherited under a no-contest clause any more because the…
Rank this Week: 919

New York Probate Lawyer Blog

New York Probate Lawyer Blog

By Jules Martin Haas.

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

    New York Estate Rights Can be Revoked by a Divorce

    New York Estate Rights Can be Revoked by a Divorce
    The estate of a decedent can be affected by many different pre-death and post death events. For example, the decedent may be involved in a lawsuit during life that is still ongoing at the time of death. It will then be up to the estate…
  • Aug 26

    New York Guardianship Cases Can Be Contested

    New York Guardianship Cases Can Be Contested
    Article 81 of the Mental Hygiene Law (“MHL”) is entitled “Proceedings for Appointment of a Guardian for Personal Needs or Property Management”. The New York Probate Lawyer Blog has posted many discussions regarding the…
  • Aug 19

    New York Real Estate Ownership Can Complicate Estate Settlement

    New York Real Estate Ownership Can Complicate Estate Settlement
    The estate of a New York decedent contains many different types of assets. One of the most important items of ownership in an estate is real estate. These interests commonly constitute one of the estate’s most valuable assets. Since…
Rank this Week: 693

Law Office of Robert L. Boydstun…

Law Office of Robert L. Boydstun Blog

Covers estate planning, probate, guardianships, disability and elder law.

http://www.boydstunlaw.com/blog/
  • Aug 21

    An Elder Lawyer’s Pet Peeve

    An Elder Lawyer’s Pet Peeve
    View image | gettyimages.com Here is a short list of dangers that I regularly see in my Elder Law practice. These hazards can frustrate a client’s estate plan or asset protection plan : 1) The Do It Yourself Last Will and…
  • Aug 13

    10 Reasons To Choose A Revocable Living Trust

    10 Reasons To Choose A Revocable Living Trust
    Your Last Will and Testament and the details of your estate holdings and its distribution will not be an open public record in the clerk’s office of the Surrogates Court. The trustee of your Revocable Living Trust will not need to…
  • Jun 8

    Wills 101

    Wills 101
    Many people ask me whether a Will is the proper way to pass on their assets to others when they die.  The answer depends of the individual circumstances of each person. This blog entry provides some basic information about estate…
Rank this Week: 798

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/
  • Aug 10

    Celebrity Legacies: James Dean Estate Has A Cause

    Celebrity Legacies: James Dean Estate Has A Cause
    James Dean was the iconic rebel without a cause. The James Dean Estate, on the other hand, has been driven by a cause -- maximizing the value of his image and likeness. But was it taken too far when his heirs sued Twitter? This is installment…
  • Aug 4

    Celebrity Legacies: No Easy Ride For Dennis Hopper's Estate

    Celebrity Legacies: No Easy Ride For Dennis Hopper's Estate
    When is a divorce more than just a divorce? When famed actor Dennis Hopper battled through an ugly divorce against his fifth wife, Victoria Duffy-Hopper, the battle was more about Dennis Hopper's estate than anything else. So perhaps no one…
  • Jul 31

    Answering Questions About Whitney Houston's Millions And Bobbi Kristina's Death

    Answering Questions About Whitney Houston's Millions And Bobbi Kristina's Death
    After a six-month coma, the life of Whitney Houston's daughter Bobbi Kristina Brown, has tragically ended. Just how tragic her short life really was may not be known for some time. But the details that have emerged are nothing short of…
Rank this Week: 665

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: 685

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/
  • Sep 3

    Cree Lawfulness and Unlawfulne

    Cree Lawfulness and Unlawfulne
    Tracey Lindberg, Birdie (2015).Val NapoleonI have thought about Tracey Lindberg’s novel, Birdie every day since I read it.1 The novel is an irreverent, evocative, funny, and hard-hitting book that causes me to think and ask questions…
  • Sep 2

    The Case for Rate Regulation of Hospital Price

    The Case for Rate Regulation of Hospital Price
    Erin C. Fuse Brown, Resurrecting Healthcare Rate Regulation, 67 Hastings L. J. (forthcoming, 2015), available at SSRN.Jessica Lind MantelWith health spending in the U.S. outpacing both general inflation and spending by other developed…
  • Sep 1

    How Families Gain Recognition

    How Families Gain Recognition
    Elizabeth S. Scott & Robert E. Scott, From Contract to Status: Collaboration and the Evolution of Novel Family Relationships, 115 Colum. L. Rev. 293 (2015).Douglas NeJaimeFamily law scholarship features a significant amount of normative…
Rank this Week: 1103

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/
  • Aug 31

    Florida Guardianships and Less Restrictive Alternatives to Guardianship

    Florida Guardianships and Less Restrictive Alternatives to Guardianship
    Florida guardianship statutes, the Florida probate rules, and the general rules of Florida civil procedure often operate together to dictate the rights and deadlines that a party has in a given proceeding. In Adelman v. Elfenbein, the Florida…
  • Jul 31

    Florida’s Slayer Statute and Undue Influence Statute Strictly Construed

    Florida’s Slayer Statute and Undue Influence Statute Strictly Construed
    In Fiel v. Hoffman, the Florida appellate court decided that the Florida Slayer Statute and the Florida probate code statute regarding the effect of undue influence on the validity of a will mean what they say.  This Florida probate…
  • Jul 24

    Florida Probate Court Has No Jurisdiction Over Out-Of-State Real Property

    Florida Probate Court Has No Jurisdiction Over Out-Of-State Real Property
    It is not uncommon for a resident of Florida to own real property in another state.  In Brown v. Brown, the Florida appellate court reminds us that a Florida probate court does not have jurisdiction over real property in another state,…
Rank this Week: 1156

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/
  • Aug 27

    New Protections for Vulnerable Adult

    New Protections for Vulnerable Adult
    Financial exploitation of vulnerable elderly adults is a serious problem.  Many seniors suffer from dementia or Alzheimer’s disease, which limits their ability to protect themselves from abuse, neglect or financial…
  • Jul 11

    B.B. King’s Estate Dispute

    B.B. King’s Estate Dispute
    The recent death and loss of blues legend B.B. King was saddening. Shocking, however, are the allegations that King was murdered by his longtime business manager and executor of his estate, Louise LaVerne Toney. A dispute regarding the estate…
  • Jun 8

    Do It Yourselfers Beware! – Holographic Will Held Invalid

    Do It Yourselfers Beware! – Holographic Will Held Invalid
    When a loved one dies, it is a time of grieving, pain and sorrow.  The grief and sorrow can turn to frustration and even anger when the deceased’s wishes for his estate are not followed.  Sometimes the person’s…
Rank this Week: 1126

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/
  • Aug 19

    Is an Adopted Adult Child a Person's Legal “Issue”?

    Is an Adopted Adult Child a Person's Legal “Issue”?
    Words matter when making a will or trust. Any ambiguity in the meaning of your estate planning documents may lead to protracted litigation among your family members or other designated beneficiaries. And even in cases where you think you are…
  • Aug 17

    Confusion Over Mother's Estate Plan Leads to Siblings' Court Battle

    Confusion Over Mother's Estate Plan Leads to Siblings' Court Battle
    A mother of six adult children owned a home in San Luis Obispo County. She lived in the house with one of her sons and his wife. The couple, together with two of the other children, gave their mother money each month to help pay her…
  • Aug 14

    Late Actor's Estate Prompts Litigation Between Sister, Biological Daughter

    Late Actor's Estate Prompts Litigation Between Sister, Biological Daughter
    Many people avoid making a will because they assume they will die without leaving a probate estate. And while estate planning can help keep many assets out of probate, you should always prepare for unexpected claims that may arise after your…
Rank this Week: 1281

Florida Probate Litigation Lawyer…

Florida Probate Litigation Lawyer Blog

Cover Florida probate litigation. By Chepenik & Trushin LLP.

http://www.floridaprobatelitigationlawyer.com/
  • Aug 17

    Estate Planning Is for Young Adults too

    Estate Planning Is for Young Adults too
    “By failing to prepare, you are preparing to fail.” Benjamin Franklin may not have been referencing estate planning when he made that statement, but aptly applies to creating estate planning documents. There are many individuals…
  • Aug 4

    Six Estate Planning Mistakes Made by High-Net-Worth Individual

    Six Estate Planning Mistakes Made by High-Net-Worth Individual
    A well thought out and thorough estate plan is one of the best things you can leave behind for your loved ones.  Like all others, high net worth individuals should take the process seriously to ensure that their wishes are honored, and…
  • Jul 22

    Create a GRAT Before Interest Rates Rise

    Create a GRAT Before Interest Rates Rise
    Interest rates are currently at an all-time low, making it an imperative time to consider all the potential estate planning options that you may have.  Low interest rates provide an advantageous opportunity to utilize grantor-retained…
Rank this Week: 1248

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/
  • Jul 6

    Understanding Criminal Laws In Orange County

    Understanding Criminal Laws In Orange County
    For first time of criminal transgressors, discovering lawful aid can be challenging. In case one has been found guilty of a criminal offense, researches have revealed that it can be challenging to get lawful assistance specifically for a…
  • 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…
Rank this Week: 1371

Estate Planning and Elder Law Blog

Estate Planning and Elder Law Blog

Covers estate planning, elder law, and probate topics in New York. By the Law Offices of Roman Aminov.

http://www.aminovlaw.com
  • Jul 6

    Do You Need A New Power of Attorney?

    Do You Need A New Power of Attorney?
    As we had discussed in a prior article, a statutory short form durable power of attorney (“POA”) is an important document which every New Yorker should consider. To recap, a POA allows any agents you select, typically your spouse…
  • Jun 15

    Medicaid’s Five Year Look-Back Period

    Medicaid’s Five Year Look-Back Period
    Anyone who has researched Medicaid planning has almost certainly heard of Medicaid’s dreaded five year look-back rule. I am not exactly sure why out of all the idiosyncrasies of New York’s Medicaid laws, the five year look-back is…
  • Apr 16

    Opening a Safe Deposit Box After Death in NY

    Opening a Safe Deposit Box After Death in NY
    I often receive phone calls from clients who had recently lost a loved one and, among other things, are confused about how to access the decedent’s safe deposit box. A common concern is that the loved one kept their last will in the…
Rank this Week: 1041

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: 1131

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: 1059

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: 1262

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: 1047

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: 1167

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: 1636

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: 1106

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: 1174

Kuhn and Kuhn Law Firm Blog

Kuhn and Kuhn Law Firm Blog

Covers estate planning.

http://www.kuhnandkuhn.com/blog/
Rank this Week: 2896

Florida Estate Planning Lawyer…

Florida Estate Planning Lawyer Blog

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

http://www.floridaestateplanninglawyerblog.com/
  • Sep 3

    Guardianship: Can I Oppose a Petition for Appointment of Successor Guardian filed by a Nominated Successor Guardian?

    Guardianship: Can I Oppose a Petition for Appointment of Successor Guardian filed by a Nominated Successor Guardian?
    The short and quick answer is yes, it is a possibility, but you should first be familiar with applicable Florida Statutes and some definitions before proceeding.  A Nomination of Successor Guardian is a document drafted and notarized by…
  • Aug 25

    How to replace or remove a Court Appointed Guardian in Florida?

    How to replace or remove a Court Appointed Guardian in Florida?
    Has your loved one been deemed incapacitated by a court order and had a court appointed guardian over their person and property? Do you believe the court appointed guardian is improperly taking care of your loved one and managing their assets…
  • Aug 13

    Voluntary Guardianship in Florida

    Voluntary Guardianship in Florida
    In Florida, a voluntary guardianship over a person’s property is available for a competent person who is unable to manage his or her own financial affairs. To begin the process, the person seeking a voluntary guardianship files a…
Rank this Week: 4529

Law Office of Andrew M. Lamkin,…

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

Covers elder law.

http://lamkinelderlaw.com/articles/
  • Sep 3

    When There Is Not Enough Money to Pay Estate Debt

    When There Is Not Enough Money to Pay Estate Debt
    After an individual passes, their debts do not cease. Instead, their estate survives and is then obligated to pay any existing debts that the deceased incurred during their lifetime. But what if the deceased’s estate does not have…
  • Aug 26

    Valid Reasons to Remove a Trustee

    Valid Reasons to Remove a Trustee
    Fiduciaries that misappropriate trust assets or fail to comply with trust terms can create significant problems for an estate, as well as its beneficiaries. Because a trustee holds all assets of the estate, it is imperative that an inadequate…
  • Aug 19

    Things You Didn’t Know About Estate Planning – But Should

    Things You Didn’t Know About Estate Planning – But Should
    Most Americans are aware they should complete an estate plan, but little have done so. An estate plan does not only distribute assets, but it can also protect an individual and their loved ones from creditors, conflict, and much more.…
Rank this Week: 2547

German Law Group Blog

German Law Group Blog

Covers estate planning.

http://www.germanlawgroup.com/
  • Sep 3

    Can I Create My Own Estate Plan?

    Can I Create My Own Estate Plan?
    Back in 2012, the highly respected magazine Consumer Reports decided to embark on a mission. The consumer resource wanted to find out about the efficacy of do-it-yourself estate planning. They decided to conduct an experiment. Magazine…
  • Sep 1

    Is Probate Always a Problem?

    Is Probate Always a Problem?
    The probate process can get a bad rap. This is the legal process of estate administration, and it comes into play if you die while you are in direct possession of your personal property. If you pass away with no estate planning documents at…
  • Aug 30

    What Is The Difference Between North Dakota Medicare and Medicaid?

    What Is The Difference Between North Dakota Medicare and Medicaid?
    What Is The Difference Between North Dakota Medicare and Medicaid? from Raymond German When it comes to countable assets, you could give gifts to your loved ones before you apply for Medicaid You would essentially be giving your family…
Rank this Week: 3265

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
  • Sep 2

    Do I Have To Accept An Inheritance?

    Do I Have To Accept An Inheritance?
    I have written about a deadbeat dad who claimed part of his deceased son’s estate, even though he had not been part of his son’s life for more than thirty years. The potential of inheriting money often brings distant and estranged…
  • Aug 26

    Frequently Asked Questions About Estate Planning

    Frequently Asked Questions About Estate Planning
    What happens if I die without a will in Texas? If you die intestate (without a valid will), the Texas statutes will determine how your property will be divided. In other your property will be distributed in a manner set by the Texas statutes,…
  • Aug 7

    The Texas Transfer on Death Deed

    The Texas Transfer on Death Deed
    Effective September 1, 2015, Texas will join the growing number of states that allow owners of real estate to transfer property to their heirs outside the probate process using a Transfer on Death Deed. The deed works like a beneficiary…
Rank this Week: 3478

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/
  • Sep 2

    Free Living Trust Seminars in September

    Free Living Trust Seminars in September
    During the month of September, we will be offering free seminars that focus on the subject of living trusts. The post Free Living Trust Seminars in September appeared first on Law Office of Roy W. Litherland.
  • Aug 26

    Who Is Competent to Make a Will?

    Who Is Competent to Make a Will?
    Your estate plan should be tailor-made to suit your specific needs, because your family is unique from every other. You should consider the life situation and personal proclivities of every person on your inheritance list. Slicing up a pie…
  • Aug 20

    What is Division of Assets? (An Elder Law Today Blog)

    What is Division of Assets? (An Elder Law Today Blog)
    Division of Assets is the name commonly used for the Spousal Impoverishment provisions of the Medicare Catastrophic Act of 1988. It applies only to married couples. The intent of the law was to change the eligibility requirements for Medi-Cal…
Rank this Week: 2892

Northern California Center for…

Northern California Center for Estate Planning and Elder Law

Covers estate planning.

http://www.norcalplanners.com/blog/
  • Sep 1

    A Legacy of Giving

    A Legacy of Giving
    You may want to consider your broader legacy when you are planning your estate. There are things that you could do to cast a meaningful shadow even after you are gone, and your impact can be felt in a positive manner on various different…
  • Aug 25

    Californians Can Take Advantage of Added Nursing Home Asset Protection

    Californians Can Take Advantage of Added Nursing Home Asset Protection
    Nursing home asset protection is a very big deal when you understand all of the facts. It would be natural to assume that Medicare will pay for nursing home care if you ever need it, but in reality, the program does not pay for custodial. The…
  • Aug 20

    Is There a One-Size-Fits-All Estate Plan?

    Is There a One-Size-Fits-All Estate Plan?
    Instant gratification has become the expectation in many cases during our current era, and this is largely due to the emergence of the Internet. Without question, the fact that you can obtain information about anything with the click of a…
Rank this Week: 2893

New York Probate and Estate…

New York Probate and Estate Administration Blog

Published by Stephen Bilkis & Associates

http://www.newyorkprobateestateadministration.com/
  • Sep 1

    Court Looks at Will Construction

    Court Looks at Will Construction
    A New York Probate Lawyer said the two subscribing witnesses testified to the due execution of decedent's holographic will and to her testamentary capacity at the time of the execution; that the last page of the instrument, the only one they…
  • Aug 31

    Court Discusses Outcome of Contested Probate Proceeding

    Court Discusses Outcome of Contested Probate Proceeding
    A New York Probate Lawyer in a contested probate proceeding, the objectant appeals, as limited by her brief, from so much of a decree of the Surrogate's Court, Kings County, dated April 11, 1986, as, upon a ruling made after close of all the…
  • Aug 30

    Contestant Files Applilcation for Order Vacating Demand for Bill of Particular

    Contestant Files Applilcation for Order Vacating Demand for Bill of Particular
    A New York Estate Lawyer said that the contestant has made application to the Court for an order vacating and setting aside the proponent's demand for a bill of particulars, or in the alternative, modifying said demand, and for such other,…
Rank this Week: 3520

Florida Estate Planning and…

Florida Estate Planning and Probate Law Blog

By Marc Soss.

http://floridaestateplanningandprobatelaw.blogspot.com/
  • Sep 1

    2015 CHANGES TO FLORIDA'S HEALTH CARE SURROGATE STATUTES

    2015 CHANGES TO FLORIDA'S HEALTH CARE SURROGATE STATUTES
     A “Designation of Health Care Surrogate” (“Designation”) is typically prepared in connection with one’s basic estate planning documents. A Designation is a written document naming someone to make health…
  • Aug 26

    FLORIDA PROBATE LAW - WHO OWNS A DECEDENT'S ASHES?

    FLORIDA PROBATE LAW - WHO OWNS A DECEDENT'S ASHES?
    The parents of a deceased child were the sole heirs of the child’s estate. The child’s remains were cremated, and the parents could not agree on the final disposition of his assets. The father petitioned the probate court to…
  • Aug 25

    CHANGES TO FLORIDA LAW IMPACTING YOU

    CHANGES TO FLORIDA LAW IMPACTING YOU
    FLORIDA'S HEALTH CARE SURROGATE STATUTES: Effective October 1st, an individual may assign the power to a surrogate to make health care decisions for that person even if the person is not incapacitated. If there is ever a conflict between the…
Rank this Week: 2689

Law Offices of Robert H. Glorch…

Law Offices of Robert H. Glorch Blog

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

http://www.illinoisestateplan.com/blog
  • Sep 1

    Ernie Banks Estate, Part 7: Intro to Will and Trust Contest

    Ernie Banks Estate, Part 7: Intro to Will and Trust Contest
    This is the seventh in my series on various legal aspects of the Estate of Ernie Banks. You can read my first six installments here. Before I get into today’s main topic, I want to update regular readers on developments since my last…
  • Aug 25

    District 211 Trusts & Estates Class Announcement for Fall 2015

    District 211 Trusts & Estates Class Announcement for Fall 2015
    I will be teaching an adult continuing education class for District 211 covering a broad range of estate planning and estate administration topics. Topics include asset ownership, wills, trusts, probate, trust administration, estate and gift…
  • Aug 12

    Blended Families and the Accidental Disinheritance

    Blended Families and the Accidental Disinheritance
    Robin Williams, Casey Kasem, Dennis Hopper, Tom Clancy, Gene Roddenberry and Audrey Hepburn. What do they all have in common? They all left blended families that found themselves in court battling each other over estate issues. These types of…
Rank this Week: 3234

Hauptman and Hauptman, P.C. Blog

Hauptman and Hauptman, P.C. Blog

Covers guardianship, Medicaid, probate and estate administration.

http://www.hauptmanlaw.com/blog
  • Aug 30

    Why Won’t the Government Cover My Care?

    Why Won’t the Government Cover My Care?
                It’s a comment we get frequently when someone calls our office just after getting sticker shock at the cost of their loved one’s long term care. Some get angry…
  • Aug 23

    Family Caregiver Agreements – Acceptable? (Part 2)

    Family Caregiver Agreements – Acceptable? (Part 2)
                Last week we were discussing family caregiver agreements in light of a recent New Jersey Appellate court decision, E.R. v. DMAHS.  In that case, Mom and Daughter entered…
  • Aug 16

    Family Caregiver Agreements – Acceptable?

    Family Caregiver Agreements – Acceptable?
                When having a conversation about long term care and qualifying for Medicaid, every so often the topic turns to paying a family member to care for Mom or Dad. Is it a permitted…
Rank this Week: 3207

Murphy's Law Blog

Murphy's Law Blog

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

http://www.noreenmurphylaw.com/blog/
  • Aug 26

    One Hundred and Happier Than Ever

    One Hundred and Happier Than Ever
    She’s never been in a nursing home. She lives alone, takes care of herself, and appears to be in perfect health. She’s the envy of many — thriving, highly respected, and seemingly happy as can be. View image |…
  • Aug 19

    Blended Families Have Unique Estate Planning Need

    Blended Families Have Unique Estate Planning Need
    There is no such thing as one-size-fits-all estate planning, and that’s especially true when it comes to blended families in Massachusetts. View image | gettyimages.com When you think about it, even “nuclear families” (a…
  • Aug 12

    New Saliva Test Could Offer Early Alzheimer’s Detection

    New Saliva Test Could Offer Early Alzheimer’s Detection
    When it comes to fighting chronic and terminal illnesses, early detection means everything. Once upon a time, that was a real challenge. We simply lacked affordable, accessible, and accurate diagnostic tools. View image | gettyimages.com…
Rank this Week: 2217

Probate Litigation Attorney Blog

Probate Litigation Attorney Blog

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

http://www.losangelesprobatelitigationattorneyblog.com/
  • Aug 24

    Taking and Winning an Appeal in a Conservatorship Proceeding

    Taking and Winning an Appeal in a Conservatorship Proceeding
    Firm partner Yasha Bronshteyn, a practitioner who handles conservatorships, is looking forward to attending program presented by the Elder Law Committee of the Trusts & Estates Section of the Beverly Hills Bar Association.…
  • Jun 30

    California Law Provides Ways to Amend or Revoke an Irrevocable Trust

    California Law Provides Ways to Amend or Revoke an Irrevocable Trust
    At Ginzburg & Bronshteyn, LLP we are dedicated to providing efficient, effective, and affordable solutions to clients involved in conservatorship cases, trust and estate disputes, as well as other types of family law issues. We are here…
  • Jun 3

    Trusts and Estates Section Presents A View From the Bench

    Trusts and Estates Section Presents A View From the Bench
    We are looking forward to attending the annual Los Angeles County Bar Association View From the Bench lunch. This year’s program will include a “State of the Court” address by the Hon. Maria E. Stratton and “Top…
Rank this Week: 1837

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
  • Aug 19

    Qualified Renunciation

    Qualified Renunciation
    Part II As we’ve previously written about on this blog, while one of the pleading requirements for a Will Contest or Trust Contest in Florida is a general allegation in the complaint that the contestant renounces any benefit he or…
  • Aug 18

    Change in Statutory Duty of Un-Qualified Personal Representative

    Change in Statutory Duty of Un-Qualified Personal Representative
    When a person dies, with or without a last will and testament, there is a high probability that the person who died (the “Decedent”) will have left behind obligations that must be fulfilled and other matters that must be addressed
  • Jul 27

    Can a guardian change the trustee of a ward’s trust?

    Can a guardian change the trustee of a ward’s trust?
    Choosing someone to act as your successor trustee upon your death or incapacity is not a decision that you should take lightly. Not only does that nominated successor trustee have a duty and obligation to carry out your wishes, but
Rank this Week: 3687

Tennessee Wills and Estates

Tennessee Wills and Estates

Provides commentary on wills, probate law and estate planning. By Jason A. Lee

http://www.tennesseewillsandestates.com
  • Aug 15

    Who Has Standing to Contest a Will in Tennessee?

    Who Has Standing to Contest a Will in Tennessee?
    In Tennessee, a party who is going to contest a will must have proper “standing” to actually contest the will.  This basically means that the individual must have the authority under Tennessee Law to contest the will before…
  • Jul 5

    In Tennessee Can you Force an Estate to Distribute Assets to the Heirs?

    In Tennessee Can you Force an Estate to Distribute Assets to the Heirs?
    I am often asked to become involved in Tennessee probate estates as the attorney for the beneficiaries of the estate.  Often this is done to make sure the estate is running appropriately and sometimes this is done because my clients…
  • Jun 20

    New Law Firm - Burrow Lee, PLLC

    New Law Firm - Burrow Lee, PLLC
    I am really excited to let everyone know that my partner Brett Burrow and I have formed a new law firm.  It is Burrow Lee, PLLC.  We are located in downtown Nashville, Tennessee.  Our website is www.burrowlee.com.  We…
Rank this Week: 3081