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Florida Estate Planning Lawyer Blog

Covers estate planning, probate, taxes, elder law, business law and employment law issues. Published by Jacksonville, Florida estate planning lawyer, David M. Goldman.

http://www.floridaestateplanninglawyerblog.com/

Nov 22
St. Johns County Foreclosure Lawyer: Foreclosure Defense Attorney

If you own a home, subject to a Foreclosure in St. Johns county, you should contact a Florida Foreclosure Lawyer to discuss your rights. St. Johns county is made up of the following citites. Crescent Beach, Fort Matanzas, Fruit Cove,... Posted on November 22, 2009 at 07:12 am by David M. Goldman
Nov 22
Jacksonville Loan Modification Leads to Florida Foreclosure for Many.

To date, only a very small percentage of loans have received modifications. And, even those modifications are only good for number of years. At the end of the modification term, the loans revert back to what started this mess in... Posted on November 22, 2009 at 07:04 am by David M. Goldman
Nov 18
Jacksonville Loan Mortgage Modificiation Lawyer and Foreclosure Defense

Many Jacksonville Foreclosure Lawyers see the poor attempt by banks to do loan modifications. Loan Modifications are in the news in Jacksonville Florida where it appears that many have been told to stop making payments to be eligible for... Posted on November 18, 2009 at 11:21 am by David M. Goldman

Rank This Week: 67

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/

Nov 16
4th DCA: Can a probate judge boot a recalcitrant cotenant out of homestead property?

Buettner v. Fass, --- So.3d ----, 2009 WL 3446478 (Fla. 4th DCA Oct 28, 2009) Why??!!, your clients will ask, do you have to start a new partition action in front of a new judge to adjudicate an existing dispute involving a decedent's homestead property if everything else the decedent owned is already subject to the probate judge's authority? And your answer will be: "Hey, if it made sense, it wouldn't be homestead." Well, maybe that's what your inside voice would say. Your outside voice would... Posted on November 16, 2009 at 03:15 pm
Nov 8
3d DCA: Is Florida's slayer statute equivalent to a forfeiture statute, awarding all of a killer's property to the estate of the victim?

LoCascio v. Sharpe, --- So.3d ----, 2009 WL 3448111 (Fla.App. 3 Dist. Oct 28, 2009) Silvia Locascio's brutally beaten corpse was found in her home (pictured below) on October 30, 2001. Eventually her husband and brother-in-law were found guilty of her murder - based in large part on the testimony of the couple's only son. Click here, here for more on the back story to this tragic case. Eight years after his mother's murder Edward J. LoCascio (Son) argued that under F.S. 732.802 (Florida's... Posted on November 8, 2009 at 05:55 pm
Nov 6
Georgia's 'Slayer Statute' Doesn't BaLawyers From Keeping Fees Paid by Executrix, Judges Rule

A year ago things looked pretty bleak for attorney Ben Kuehne here in Miami and a couple of Georgia lawyers who were arrested and apparently spent a night in jail after their client was forced to forfeit estate assets under Georgia's Slayer Statute [click here]. All were on the receiving end of criminal prosecutions for arguably doing nothing other than getting paid for representing unpopular clients. Fast forward a year: the Kuehne prosecution has caved in on itself [click here] and in a... Posted on November 6, 2009 at 06:20 pm

Rank This Week: 90

Toronto Estate Law Blog

Covers estate litigation, ethics, executors & trustees, succession planning and wills. By Hull & Hull.

http://estatelaw.hullandhull.com/

Nov 20
Attention to Detail: An Expensive Lesson Learned

In a decision earlier this year, Justice Harris in Binkley Estate v. Lang, (2009) 50 E.T.R. (3d) 44, looked at the construction of wills and fundamental issues giving effect to the testatrix's intent. The decision involved a 92 year old testator who was both capable and in control of her affairs. The testatrix made a will in 1996 which provided a legacy of $2,500, for each of the three respondents in the action. In 2006, the testatrix elected to make minor changes to her will. After her death,... Posted on November 20, 2009 at 02:00 am
Nov 19
Cost Decisions and Estate Litigation - Hull on Estates #188

/**/ Listen to: Cost Decisions and Estate Litigation - Hull on Estates #188 This week on Hull on Estates, David Smith and Nadia Harasymowycz discuss cost decisions and estate litigation. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog. David M. Smith - Click here for more information on David Smith. Nadia M. Harasymowycz - Click here for more information on Nadia Harasymowycz. Cost Decisions and Estate Litigation - Hull on Estates- Episode... Posted on November 19, 2009 at 08:45 am
Nov 19
Are you Mom's Favourite?

In Estate Litigation we are faced every day with feuding families. Is the fight avoidable or inevitable? For those of you with siblings, I'm sure at some point in your lifetime you've gotten upset and yelled those words which for some reason really hit home: "Mom always liked you best". On some level, favouritism, or the perception of it, is at the heart of Estate Litigation. A study released by Cornell University of child favouritism surprisingly discovered that mothers may have distinct... Posted on November 19, 2009 at 02:00 am

Rank This Week: 161

NFA Gun Trust Lawyer Blog

NFA Gun Trust Lawyer Blog covers Class III weapons topics for all of the 50 states. By Jacksonville, Florida, Gun Trust Attorney, David M. Goldman.

http://www.guntrustlawyer.com/

Oct 8
What is a NFA Firearms Trust?

WHAT IS AN NFA FIREARMS TRUST NFA Firearms (also called Title II Firearms) are guns and other items regulated by the National Firearms Act (the "NFA"). Many people mistakenly refer to them as "Class 3" firearms or weapons. The NFA regulates the sale, use, possession, and transfer of machine guns, short-barreled shotguns and rifles, silencers, destructive devices, and AOWs. In most states, some or all of these items are LEGAL to own. In addition to state regulation, federal law regulates these... Posted on October 8, 2009 at 07:11 am by David M. Goldman
Oct 6
Why Do I Need an NFA Firearms Trust?

/**/ WHY DO I NEED AN NFA FIREARMS TRUST? No CLEO Signature Required The ATF requires that all individuals obtain approval from their Chief Law Enforcement Officer (the "CLEO") as part of the application process to obtain a Title II firearm from another individual or Class 3 dealer. Many CLEOs around the country are refusing sign or even acknowledge the ATF Forms. There is no legal remedy in most states to force the review of these forms. If using an NFA Firearms Trust to purchase a weapon, the... Posted on October 6, 2009 at 12:15 pm by David M. Goldman
Oct 4
Supreme Court to Hear 2A Case: McDonald v. Chicago

The Supreme Court has recently decided to hear the landmark Second Amendment case of McDonald v. Chicago. This case will address the application of the Second Amendment to the states through either the Due Process clause or the Privileges or Immunities clause of the Fourteenth Amendment. The case has major implications for the legality of restrictive gun laws not only in Chicago, but also in other cities across the United States. The decision to hear the case, which will be argued early next... Posted on October 4, 2009 at 05:40 pm by David M. Goldman

Rank This Week: 165

Wills, Trusts & Estates Prof...

Wills, Trusts & Estates Prof Blog

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

http://lawprofessors.typepad.com/trusts_estates_prof/

Nov 21
Top SSRN Downloads

Here are the top downloads from September 22, 2009 to November 21, 2009 from the SSRN Journal of Wills, Trusts, & Estates Law for all papers announced in the last 60 days. Rank Downloads Paper Title 1 258 2009 Federal... Posted on November 21, 2009 at 09:44 am by Trusts EstatesProf
Nov 21
Winnie-the-Pooh Goes to Court

The estate of Stephen Slesinger is suing Disney, claiming that the company owes the estate hundreds of millions of dollars in concealed Winnie-the-Pooh royalties. Slesinger obtained the licensing rights to Winnie-the-Pooh in 1930, and the estate has unsuccessfully sued Disney... Posted on November 21, 2009 at 04:00 am by Trusts EstatesProf
Nov 20
Right to a Jury Trial In Texas Probate Courts?

Tammy C. Manning (attorney, Houston) & Jason Cox (attorney, Houston) have published their article entitled Jury Trials in Probate Court: A Brief Overview, The Advocate, Fall 2009, at 24. The following is an excerpt from the article: The Texas Constitution... Posted on November 20, 2009 at 11:00 pm by Trusts EstatesProf

Rank This Week: 173

Tax Problem Attorney Blog

Covers topics such as sales and payroll tax problems, offers in compromise, tax audits, tax debt, tax disputes, tax fraud, tax litigation and tax controversy, and tax preparer penalties. By Los Angeles, California attorneys, Brager Tax Law Group.

http://www.taxproblemattorneyblog.com/

Oct 5
Offshore Tax Havens, Tax Fraud and Senator Carl Levin

I lifted my nose up from filing Foreign Bank Account Reports (FBARs), talking to clients with offshore financial accounts, and filing for tax amnesty under the IRS Offshore Voluntary Disclosure program long enough to notice a speech that Senator Carl Levin had given in mid-September on the topic of offshore tax havens. Senator Levin has been battling against tax fraud committed through the use of offshore financial accounts for many years, and in the last year or two his ideas have been gaining... Posted on October 5, 2009 at 12:43 pm by Dennis N. Brager
Oct 1
IRS FBAR Tax Amnesty is a Good Gamble (Part II)

Yesterday I started a blog post subtitled Why 70% of a Foreign Bank Account Is Better Than 100% of No Foreign Bank Account. It included three reasons why, if you have offshore financial accounts, filing for tax amnesty by the Oct. 15th may be a good idea. It doesn't matter if your offshore bank account is at UBS, or some other foreign financial institution. Today I have listed three more reasons: 1. Legally "Launder" Your Offshore Funds. If your money is an offshore financial account it is... Posted on October 1, 2009 at 11:44 am by Dennis N. Brager
Sep 30
IRS FBAR Tax Amnesty is a Good Gamble

Why 70% of a Foreign Bank Account Is Better Than 100% of No Foreign Bank Account (Part I) Clients sometimes ask why they should take advantage of the IRS Offshore Voluntary Disclosure Program. In it's frequently asked questions regarding offshore financial accounts the IRS provided an example of what could happen to someone with a foreign bank account of $1million in 2003 that earns $50,000 per year who hasn't filed Foreign Bank Account Reports, TD F 90-22.1 (FBAR). That person could, if they... Posted on September 30, 2009 at 06:18 pm by Dennis N. Brager

Rank This Week: 244

Rule of Law

Covers British Columbia wills, trusts and estates law, elder law and estate litigation. By Stan Rule.

http://rulelaw.blogspot.com/index.html

Nov 15
The Prescribed Affidavit of Executor in B.C. is Outdated

In British Columbia, one of the forms required in an application for probate of a will, or letters of administration, is an affidavit of executor, with a schedule of the deceased's assets, liabilities and distribution. This schedule is often referred to as the "disclosure document." The form of affidavit required is set out as Form 69, in Appendix A, of the Supreme Court Rules. The disclosure document requires the executor to state whether an asset is "within" or "without" British Columbia.... Posted on November 15, 2009 at 12:53 pm
Nov 14
San Francisco Hall of Justice

I took these photographs of the Hall of Justice in San Francisco during my summer trip with my sons. In addition to housing court rooms, a jail and police station, the Hall of Justice has appeared in my favourite movies. Posted on November 14, 2009 at 03:29 pm
Nov 12
Continuing Legal Education: Wills, Estates and Trusts Conference

I am going to be speaking on the topic of secret trusts on Friday, November 27, 2009, on the second day of the Continuing Legal Education, British Columbia, Wills, Estates and Trusts Conference. The conference starts at 9:30 am on Thursday, November 26, 2009. The first day covers estate planning and administration. Registration information for Thursday is available here. The second day is on estate litigation, and runs from 8:30 am to 3:30 pm. You can find out about registration here. Those who... Posted on November 12, 2009 at 08:33 pm

Rank This Week: 412

California Tax Attorney Blog

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

http://www.californiataxattorneyblog.com/

Nov 19
California Tax Service Center

The Internal Revenue Service and California's tax agencies (Franchise Tax Board, Employment Development Department and Board of Equalization) have formed a partnership called the Joint Tax Agency Communications Committee. The mission of the committee is to "speak with one voice" where feasible with regards to tax issues and to enhance education and outreach efforts by leveraging resources. The website is: California Tax Service Center. These tax agencies have joined together to streamline and... Posted on November 19, 2009 at 04:31 am
Nov 17
California Probate May Be Avoidable

Funding your California living trust with your property while you are alive results in the direct transfer to heirs and beneficiaries when you die without the time and expense of a probate proceeding. There are times when people don't include all of their property in their living trust before they die. When this happens, a simpler type of probate referred to as a Heggstad petition may be available for the California property left outside of the trust that should have been in the trust but for... Posted on November 17, 2009 at 03:42 am
Nov 13
SCINs, GRATs and IDGTs

"The Intelligent Investor" published in the October 3, 2009 Wall Street Journal says that "... with yields near lows, now is the time to stop moaning about the lack of income and to start turning rock-bottom interest rates to your advantage." The article discusses self-cancelling installment notes (SCINs), grantor retained annuity trusts (GRATs) and intentionally defective grantor trusts (IDGTs). These techniques, when used properly, move assets out of your estate at discounted prices so that... Posted on November 13, 2009 at 03:50 am

Rank This Week: 432

New York Probate & Estate...

New York Probate & Estate Litigation Blog

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

http://www.nyprobatelitigation.com/

Oct 28
New Bills To Restore The Estate Tax In The Congressional Hopper

As reported today by fellow lawblogger Karen Meckstroth in her Bay Area Wills, Trusts And Probate Report Blog two Representatives have filed different bills to amend the Internal Revenue Code and to restore the estate tax which would otherwise terminate for one year in 2010. The bills proposed by Rep. Berkley (D.NY) and Rep. Schrader (D-OR) may each be viewed by clicking on the link provided by Ms. Meckstroth in her article. Both provide for an increase in the basic estate tax exemption to 5... Posted on October 28, 2009 at 04:11 pm
Oct 20
Martin Luther King Estate Is Finally Settled

More than forty years after the death of Martin Luther King Jr., his children have resolved a bitter dispute over his multi million dollar estate. As reported by Bruce Carton in an article posted on Legal Blog Watch today, the lawsuits and countersuits stemming from charges of misuse of estate funds and seeking control over various assets have been settled, the family seeking to move on and preserve the legacy of their late father. An interesting sidelight of the story is that the estate... Posted on October 20, 2009 at 03:19 pm
Oct 20
Court Leaves Door Open For Foreign Heir To Exercise Fiduciary Rights

Recently, your faithful lawblogger attended a seminar at the local bar association which was emceed by Nassau County Surrogate John Riordan. The surrogate took this opportunity to discuss the recently decided case of Schoeps v. Andrew Lloyd Webber Art Foundation which is reported at 884 NYS2d396. This First Department Appellate Division case is of interest on several levels. It deals with the attempt of a German national to recover a multi-million dollar Picasso painting which he alleged was... Posted on October 20, 2009 at 08:28 am

Rank This Week: 443

Estate Planning Practice Blog

Covers estate planning and probate in California. By Jennifer N. Sawday.

http://blogs.tldlaw.com/estate_planning/

Aug 27
New & Redesigned Blog Coming Up!

Since our last post was about Michael Jackson's death in June, it may seem that his passing has caused the lack of posts since then. But in reality, the blog is being moved to a new domain, new host and will have a new look. Look here for more information in September about our new look and home! We look forward to continuing to provide you with timely and informative posts about all things involving estate planning. In the meantime, please check out our newly redesigned website for our firm... Posted on August 27, 2009 at 11:59 am by Administrator
Jun 25
Celebrities Die Just Like the Rest of Us.

Three very notable celebrities have died. Ed McMahon, Farrah Fawcett and now Michael Jackson. Each had families. Each had loved ones. Each had assets. And each had potential contestants to their estate. Did each have an estate plan in place that was updated and reflected their wishes? Time will soon find out. The media will report if their estate administration turns out to be a mess like Anna Nicole Smith's was. Ed was survived by his wife so his estate is likely to be less burdensome whether... Posted on June 25, 2009 at 04:13 pm by Jennifer Sawday
Jun 10
Is It Worth It?

Is it worth it to hire an attorney to draw up a will, trust or other estate planning documents? Kiplinger.com on personal finance and business says it is worth it. They posted a fun 10 question quiz about is it worth it -- questions like is it worth it to pay more for name brand prescription medications or will generics suffice? One of the questions is about wills: is it worth it to hire an attorney to draw up a will? Kiplinger.com says yes, it is worth it to hire an attorney. Take the quiz... Posted on June 10, 2009 at 11:32 am by Administrator

Rank This Week: 504

Andrew Ewalt's Law Blog

Covers business law and planning, elder law, estate planning, probate and estate administration, and real estate.

http://andrewewaltslawblog.blogs.com/my_weblog/

Nov 11
Hiring New Employees

Things to consider when hiring new employees: Eligibility for employment. You must verify that each new employee is legally eligible to work in the United States. This will include completing the U.S. Citizenship and Immegration Services (USCIS) Form I-9, Employment Eligibility Verification. You can get the form from USCIS offices or by calling 1-800-870-3676 or visit the USCIS Web Site at www.uscis.gov. New hire reporting. You are required to report any new employee to a designated state new... Posted on November 11, 2009 at 11:30 am by Andy
Oct 13
Protecting the Family Business or Farmers

Estate taxes can become a very real problem when an estate includes a farm or real estate used in a family business. Since federal estate tax have been repealed for only one year (2010), and Connecticut has recently implemented it own separate estate tax it is smart to plan now. For federal estate-tax purposes, land and buildings have to be valued at their "highest and best use." Thus, a farm that could be sold to a developer for more than it is worth, as a farm generally must be assessed at... Posted on October 13, 2009 at 11:45 am by Andy
Oct 7
Business Sucession Planning

Statistically, only thirty percent of family owned businesses survive from the founding generation to the next generation. Beyond that generation the success is even worse. The primary reason for the lack of success rests on the fact that most business owners fail to make plans, have the wrong plan or have not updated the plan. A comprehensive estate plan should include planning for the succession of the business. Here are some things to consider. 1. If some children are active in the business... Posted on October 7, 2009 at 12:12 pm by Andy

Rank This Week: 607

Massachusetts Estate Planning and...

Massachusetts Estate Planning and Elder Law

Discusses estate planning, elder law and health insurance matters in Massachusetts. By Leanna Hamil.

http://lhamillattorney.typepad.com/main/

Sep 14
What to Pack for a Trip to the Hospital

As people get older and sicker, they may find themselves going to the hospital more frequently - either for planned appointments or emergencies. Being prepared for these visits can go a long way towards making them less stressful. Here is a list of things to remember: A copy of your health care proxy, A copy of your HIPAA release, A copy of a Do Not Resuscitate Order if you have one, Health insurance cards (Medicare, Medicaid, supplemental insurance) Glasses, hearing aids, dentures, Supply of... Posted on September 14, 2009 at 06:18 am by Leanna Hamill
Sep 1
Action Item - Write It Down

Some people get overwhelmed with the idea of getting their affairs in order and as a result find it easier to do nothing. To help people with that inertia, I'll be posting weekly Action Items - little steps that take an hour or less that will move you forward in the process and make it less daunting. Today's Action Item - Write It Down One of the best gifts you can give your loved ones, is the gift of being organized and having one place where all your financial information is written down. You... Posted on September 1, 2009 at 07:17 am by Leanna Hamill
Aug 25
Action Item - Start Writing Your Letter of Intent

Some people get overwhelmed with the idea of getting their affairs in order and as a result find it easier to do nothing. To help people with that inertia, I'll be posting weekly Action Items - little steps that take an hour or less that will move you forward in the process and make it less daunting. Today's Action Item - Start Writing Your Letter of Intent for Your Child With Special Needs You know the importance of having a letter of intent for your child with special needs, but maybe you've... Posted on August 25, 2009 at 05:49 am by Leanna Hamill

Rank This Week: 632

Teklaw Blog

By Tim Kalamaros.

http://timothykalamaroslaw.blogspot.com/index.html

Nov 18
payment of claims on estates

When a person owes money and dies, collecting that debt can be a challenge. The usual way people collect debts, is either to hire a debt collection service, or a law firm. Debt collection services mostly bother people with letters and calls and threats. Sometimes the threats are made good but that is where the law firms come into play. Businesses with many accounts hire collections services, and those services sometimes hire lawyers to sue the debtors. For individuals with debts they want to... Posted on November 18, 2009 at 05:00 am by Tim Kalamaros
Oct 19
exogamous heir choice as grounds for disinheritance enforceable?

Fascinating case. Disinheritance, or rather, denial of an expectancy in a trust based on a child intermarrying outside of a religion, is not unheard of: if memory serves, the Wall St Journal ran an article on a famous Jewish candidate that was named trustee of a such a trust. Would such a disinheritance be upheld by a court, considering the public policy articulated in Civil Rights laws, the Fourteenth amendment, in other areas, consider this to be unlawful religious discrimination? Or rather,... Posted on October 19, 2009 at 05:51 am by Tim Kalamaros
Sep 1
FDIC troubles

Looks like FDIC insolvency looms larger as a possibility. What does the "prudent investor rule" demand of a fiduciary with a large cash position if it looks like the FDIC is headed for the shoals? And at what point-- the dollar? Just a couple questions. [www.nytimes.com] August 27, 2008 Agency's Head Expects Banking's Crisis to Worsen By ERIC DASH and GERALDINE FABRIKANT WASHINGTON - Sheila C. Bair anticipated the mortgage crisis long before most other regulators. But she never dreamed it would... Posted on September 1, 2009 at 02:36 am by Tim Kalamaros

Rank This Week: 728

The Ohio Trust & Estate Blog

Covers estate tax, marriage, medicaid and probate. By Michael D. Bonasera.

http://bonasera.org

Nov 17
Bo Schembechler Trust Battle

Andrew Mayoras posts a good story here about Bo Schembechler's son suing his step-mom over his dad's trust. Andrew writes: From an estate planning perspective, Bo did everything right to avoid a family fight after he passed. He created a living trust, which was quite detailed and left the income from his assets to his wife, Kathryn, passing from there to his son Glenn III (known as "Shemy"), and then onto his grandchildren and Kathryn's grandchildren. He chose Kathryn as his successor trustee... Posted on November 17, 2009 at 10:12 am by michael
Nov 1
Ohio Fells Another Trust Mill – UPDATE

My last post pointed to a Columbus Bar Association press release about Columbus Bar Assn. v. Am. Family Prepaid Legal Corp., Slip Opinion No. 2009-Ohio-5336, (available here as a PDF). In that case the Ohio Supreme Court found that "American Family Prepaid Legal Corporation ("American Family") and its various allied entities and associates - after being pursued by the Columbus Bar since 2002 - were found to have practiced law without a license and to have used scare tactics, misinformation and... Posted on November 1, 2009 at 01:16 pm by michael
Oct 19
Ohio Fells Another Trust Mill

From a Columbus Bar Association press release last Wednesday: The Columbus Bar Association announced today that the Supreme Court of Ohio, in a unanimous decision in Columbus Bar Assn. v. Am. Family Prepaid Legal Corp., Slip Opinion No. 2009-Ohio-5336, (available here as a PDF) took a momentous step to protect Ohio's citizens from illegal trust mills that prey upon seniors and other vulnerable individuals. American Family Prepaid Legal Corporation ("American Family") and its various allied... Posted on October 19, 2009 at 09:51 am by michael

Rank This Week: 733

Georgia Wills and Probate Law Blog...

Georgia Wills and Probate Law Blog

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

http://www.georgiawillslaw.com/

Oct 4
Legal Planning that Every Parent Should Know About : 10 More Things Parents Need to Know About Legal Planning

The following series of posts contain articles posted at Kaboose.com, featuring an interview with my colleague and fellow Personal Family Lawyer, Kimberly Hegwood. If you have any questions or want to speak with me about these issues, please call me at 770-425-6060. ============================================================ We asked Hegwood a few questions that probably affect plenty of parents. Here are her answers: 1. How do I set up a will? Can I do it online or through an attorney? What... Posted on October 4, 2009 at 10:31 am by Steve Worrall
Oct 3
Legal Planning that Every Parent Should Know About : Scenario 4- Picking the Best Person for the Job

The following series of posts contain articles posted at Kaboose.com, featuring an interview with my colleague and fellow Personal Family Lawyer, Kimberly Hegwood. If you have any questions or want to speak with me about these issues, please call me at 770-425-6060. ============================================================ The person that you designated in your will can no longer care for your children, however you have a younger brother, whom you love to death, but you don't believe he's... Posted on October 3, 2009 at 10:30 am by Steve Worrall
Oct 2
Legal Planning that Every Parent Should Know About : Scenario 3- Outdated Wills

The following series of posts contain articles posted at Kaboose.com, featuring an interview with my colleague and fellow Personal Family Lawyer, Kimberly Hegwood. If you have any questions or want to speak with me about these issues, please call me at 770-425-6060. ============================================================ You and your partner are suddenly deceased. You both have wills but you only nominated a permanent guardian. They were prepared two years ago and since then the couple you... Posted on October 2, 2009 at 07:00 am by Steve Worrall

Rank This Week: 755

Wisconsin Estate Planning and Tax...

Wisconsin Estate Planning and Tax Law Blog

Commentary on estate planning, tax law, and elder law. By Nathan J. Dosch.

http://www.wisconsinestateandtaxblog.com/

Oct 22
Widespread Fraud and Abuse of First Time Home Buyer Tax Credit

This item can probably best be filed under the category, "News We Expected." As reported by the Wall Street Journal online in "Tax Credit Abuse and the Four-Year-Old Home Buyer" the Inspector General for Tax Administration, Russell George, testified before Congress today in regards to fraud and potential abuse of the home buyer tax credit. Mr. George testimony comes at a time when the current home buyer tax credit is set to expire in less than 6 six at the end of November and with the real... Posted on October 22, 2009 at 12:48 pm by Nathan Dosch
Oct 22
The Other Shoe Has Dropped on Executive Pay

The Obama Administration pay czar, Kenneth Feinberg, has made it known that he will require each of the seven largest bailout recipients to reduce the total compensation for their top 25 highest paid employees by 50%, on average. These rules affect the likes of AIG, Citigroup, and Bank of America. The New York Times article, "Curbing Wall Street Pay, and the Corporate Boards that Set it," provides additonal overview and commentary on the topic. It will be interesting to see how this news is... Posted on October 22, 2009 at 10:39 am by Nathan Dosch
Aug 12
Cost of Government Day - 2009

For that last couple of years I have kept an eye out for the Cost of Government Day as calculated by the Americans for Tax Reform Foundation and the Center for Fiscal Accountability. The Cost of Government Day 2009 Report is now available. Today, August 12, 2009, is this years Cost of Government Day. This is 26 days later than 2008. I am sharing this report and link because it is an interesting look at the current tax and government landscape in the U.S. The overall views expressed in the... Posted on August 12, 2009 at 05:28 pm by Nathan Dosch

Rank This Week: 919

Wealth & Estate Planning

Covers information and news on estate planning and probate from Iowa attorney Matthew Gardner.

http://wealthestateplan.blogspot.com/index.html

Oct 19
Heemstra Trial Update - No Asset Protection Here

A little bit slow on my part in updating my prior post on the Heemstra case, but the Judge in a harshly worded ruling of September 18, 2009 ordered Heemstra to pay $750,000 in punitive damages, another $204,000 in other damages and ordered the sale of land owned by Heemstra and his wife. The judge found that the Heemstras engaged in a "complex shell game" to try and hide and move their assets to prevent Lyon's widow from recovering on her $5.68 million judgment. William Petroski of the Des... Posted on October 19, 2009 at 02:32 am by Matthew Gardner
Oct 9
Disposition of Partnership Property that Isn't in the Name of the Partnership

A recent case from the Iowa Court of Appeals helps illustrate the importance of putting business matters in writing. In the Matter of the Estate of John Liike, John and his brother had inherited some land from their parent and had operated the land as part of a partnership for several years. The land was never actually placed in the name of the partnership, but kept in their individual names as tenants-in-common. Eventually, they entered into a written partnership agreement which provided that... Posted on October 9, 2009 at 10:31 am by Matthew Gardner
Jul 13
Heemstra Trial and Asset Protection In Iowa

The local Rodney Heemstra trial has brought asset protection into the local news lately. Mr. Heemstra shot and killed his neighbor during a dispute. After the incident, Mr. Heemstra made several restructuring changes to his finances and assets which involved the use of irrevocable trusts and other entities. Revocable trusts are a common estate planning tool, but they do not provide any asset protection for the person who creates the trust. With revocable trusts, the person has the power to... Posted on July 13, 2009 at 03:02 pm by Matthew Gardner

Rank This Week: 921

Nolo's Everyday Estate Planning...

Nolo’s Everyday Estate Planning Blog

Covers estate planning and wills. By Nolo.

http://blogs.nolo.com/estateplanning

Sep 12
Organ Donation: Not Just For Steve Jobs

Steve Jobs' recent return to the public eye after a liver transplant highlights the amazing benefits that can come from organ donation. In his own words, "I now have the liver of a mid-20s person who died in a car crash and was generous enough to donate their organs. I wouldn't be here without such generosity," But organ donation is not a simple issue, and many have to wait for months or years for a suitable organ. A recent article in the Ohio Dayton Daily News reports that 54% percent of those... Posted on September 12, 2009 at 06:02 pm
Sep 5
Dogs Fight Back: Fighting for Helmsley's Billions

First, Leona Helmsley died and left her 5 billion dollar fortune to be used to help dogs. Then, the trustees of the estate sued to change that and use only a small fraction of the fortune for dogs, and the rest for human philanthropic causes. Now, three large animal rights groups are appealing that decision and asking the New York Surrogate's Court to intervene and force the trustees to use more of the money to help dogs, in accordance with Leona Helmsley's wishes. "Just a fraction of the money... Posted on September 5, 2009 at 08:00 am
Sep 1
Palliative Care--Making the Best of a Bad Diagnosis

Senator Kennedy's death this week from malignant brain cancer highlights the limits of medical treatment. He received the best medical care possible, and still died in little over a year from his cancer -- the most common form of brain cancer, one with no effective treatment. At the same time, by all accounts, his last year was mostly a good one, filled with family, attention to the things that mattered most to him, and the opportunity to die where he wished to be. It's a last year that many... Posted on September 1, 2009 at 08:18 am

Rank This Week: 925

Nevada Estate Planning & Elder...

Nevada Estate Planning & Elder Law Information Blog

Covers estate planning and elder law matters in Nevada. By Allison Herr.

http://nevadafamilylaw.typepad.com/estate_planning_wealth_pr/

May 6
Elder Technology –Gadgets for Grandparents

When was the last time you received a call from an elderly relative from their brand new, high-tech cellular phone? Probably never, right? The reason may be that their once nimble and flexible fingers are now stiff with arthritis, and their once 20/20 vision is merely a fraction of what it used to be. Cellular phones are practically impossible for a senior to navigate. Let's face facts, the newest and grandest of most electronic or technical gadgets have not been... Posted on May 6, 2009 at 11:53 pm by Allison Herr
May 12
Good News You Can Use

A common concern in retirement is having enough money to live on and maintain your home. The City of Henderson can help you maintain your housing budget with their Weatherization Grant-Assistance Program known as WAP. The WAP program is available to low-income homeowners and renters of single family, multi-family, or manufactured homes who fall into the following income categories: 1 person household - Income cannot exceed $35,750 per year 2 person household - Income cannot exceed $40,900 per... Posted on May 12, 2008 at 01:41 pm by Allison Herr
Apr 22
Things to Consider Before Accepting Guardianship of a Child

This article come to us from the Financial Transitions March 2008 Newsletter published by Wachovia Securities, When asked to served as the guardian of someone's minor children in the event of his/her death, it is usually meant as a compliment. However, don't accept this role without giving it serious thought. Consider the following: Are your lifestyles compatible? Go over all details involved in raising the children. Will the children have to relocate far from their current home? It is... Posted on April 22, 2008 at 11:58 am by Allison Herr

Rank This Week: 1106

Texas Estate Planning and Probate...

Texas Estate Planning and Probate Law

By Gary Howell.

http://texaslawyer.blogspot.com

Nov 21
The End of the Blog

This is the last post for the Texas Estate Planning and Probate Law blog. I did my best to try and keep it up, but just found it too difficult to update on a regular basis. In addition, I am leaving the practice of law as of the end of December to join Merrill Lynch in their Family Office working with their high net worth clients. It is an exciting opportunity for me and I look forward to this challenge. Although I will not be posting here in the future, I will leave the site up for awhile so... Posted on November 21, 2005 at 09:36 am by Gary Howell
Nov 1
Unlimited Charitable Gifts Through the End of 2005

The Hurricane Katrina Emergency Tax Relief Act (KETRA) allows unlimited gifts to charity up to a donor's total income until the end of 2005. This provision also permits unlimited IRA withdrawals and gifts to charity. Under Sec. 301(b)(1)(A), a "qualified contribution shall be allowed only to the extent that the aggregate of such contributions does not exceed the excess of the taxpayer's contribution base (as defined in subparagraph (F) of section 170(b)(1) of such Code) over the amount of all... Posted on November 1, 2005 at 08:05 am by Gary Howell
Oct 2
Is Repeal of the Estate Tax a Dead Issue?

Sometime shortly, the Senate is expected to vote on the fate of the estate tax. The House has already voted to repeal the tax; however, several Senators have found it difficult to vote for total repeal. One Senator, Ron Wyden (D-Ore.), who has voted to repeal the estate tax in the past, recently noted, "The deficit picture is different today and the choices are pretty darn hard." The budget deficit has been dramatically increased in the past year, with two major hurricanes costing hundreds of... Posted on October 2, 2005 at 11:38 am by Gary Howell

Rank This Week: 1202

You and Yours Blawg

Covers business law, elder law, estate planning and tax law. By Deirdre R. Wheatley-Liss.

http://youandyoursblawg.blogspot.com

Aug 6
You and Yours Blawg is Moving

Category: Elder Law, Estate Planning, Estate and Inheritance Tax, Business Law and Planning, Tax Law and Planning, Probate and Estate Administration, Financial Planning, Miscellaneous Musings You and Yours Blawg is moving its platform over to New Jersey Estate Planning and Elder Law Blog. My thoughts on happenings in the world of Estate Planning and Elder Law can be found there, including tax law happenings. You and Yours Blawg will stay alive for now with reference to business law issues that... Posted on August 6, 2009 at 07:48 am by Deirdre R. Wheatley-Liss, Esq.
Mar 20
Haven't Paid NJ Taxes? Now Might Be the Time

Category: Tax Law and Planning Courtesy of JH Cohn: New Jersey Enacts Tax Amnesty Program "New Jersey Governor Jon Corzine has signed a bill creating a 45-day New Jersey state tax amnesty period that will end no later than June 15, 2009. Presumably the program will begin on or about May 1, allowing the New Jersey Division of Taxation some time after the April 15 filing deadline to gear up for the program. Under the program, taxpayers who pay outstanding state tax liabilities for tax returns due... Posted on March 20, 2009 at 09:12 am by Deirdre R. Wheatley-Liss, Esq.
Mar 16
Lets get Banks Lending - SBA Loan Guarantee Amount to 90%

Category: Business Law and Planning As reported by NJBIZ, in an effort to get banks lending again, "Starting today, the U.S. Small Business Administration is raising to 90 percent the federal guarantee on most SBA loans and temporarily suspending a fee that is charged to banks, but passed along to borrowers. " "The 90 percent guarantee will be on loans up to $1.5 million. The portion of the loan above $1.5 million, up to the maximum SBA loan of $1 million, will be subject to a lower guarantee... Posted on March 16, 2009 at 08:45 am by Deirdre R. Wheatley-Liss, Esq.

Rank This Week: 1221

PA Elder, Estate & Fiduciary...

PA Elder, Estate & Fiduciary Law Blog

Covers Elder Law, long-term care, "End-of-Life" and health care surrogate decision-making, estate & personal planning, fiduciary administrations, elders' dispute resolution, and Orphans' Court litigation. By Neil E. Hendershot.

http://paelderestatefiduciary.blogspot.com/index.html

Nov 22
Federal Elder Abuse Victims Act: Enfolded

Posted on November 22, 2009 at 09:45 pm
Nov 20
Laws.com Focuses on Abuse Crimes

Posted on November 20, 2009 at 02:20 pm
Nov 1
OC Judges Run for Superior Court on Nov 3rd

Posted on November 1, 2009 at 01:00 pm

Rank This Week: 1235

New York Lawyer Blog

Covers issues related to personal injury, estate planning, and criminal law. By New York Law Offices of Stephen Bilkis & Associates.

http://www.nylawyerblog.com/

Nov 17
Brooklyn Firefighter pinned under his truck and suffers an injury. If this were to happen to you, you would need a New York Injury Lawyer

Robert Puppa, a 33 year old Brooklyn firefighter was responding to a call when the fire truck he was in was involved in an accident. The accident occurred on Ashford Street in East New York. Another fire truck crashed into his and caused his truck to flip over, pinning him beneath it. He was stuck for two hours before workers were able to cut through the truck to rescue him. Puppa and 11 other fireman sustained injury during the crash. They were taken to Brookdale University Hospital; located... Posted on November 17, 2009 at 11:00 am
Nov 16
Brooklyn building’s collapse leaves victim’s needing a New York Personal Injury Lawyer

A Myrtle Ave., Brooklyn NY, apartment building collapsed leaving four people injured. The building had been cited by the city for having a crack that ran from the third to the first floor. Though the crack was reported on May 1, 2009, the owner claims it has been there for at least ten years. The building had been undergoing repairs for more than a week and a half. The building shook violently before it collapsed, which alerted the people inside. When the building fell it took down part of the... Posted on November 16, 2009 at 09:36 am
Nov 14
Another PATH train accident leaves numerous passengers with injury. It appears the injured parties will need an aggressive New York Injury Lawyer

Recently, a morning PATH train got into an accident while passengers were still aboard. PATH; which stands for Port Authority Trans Hudson; run from New Jersey to New York. The train that caused the accident was coming out of Hoboken, NJ and heading towards the World Trade Center Memorial. The train had approximately 450 passengers on it when it collided with a "bumper block" (a mechanism used to stop the train) at the 33rd Street Station in New York City. Fourteen people including the... Posted on November 14, 2009 at 09:29 am

Rank This Week: 1279

Kevin A. Pollock BLAWG

Covers wills, trusts & estates, guardianships, tax and asset protection planning.

http://willstrustsestates.blogspot.com/index.html

Nov 3
What Happens When a Pennsylvania Resident Dies Without a Will?

If a Pennsylvania resident dies without a Will, that person is said to have died "intestate". The Pennsylvania intestacy scheme is governed by statute (20 Pa.Cons.Stat. 2101 et. seq.). Where the money goes depends in large part who survives the decedent. Many people think that as soon as they get married that if they die, everything that they own will go to their surviving spouse. THIS IS NOT TRUE! 1) Scenario 1: A person is only survived by a spouse - If the decedent is survived by a spouse... Posted on November 3, 2009 at 02:13 pm
Jul 29
Links to Important US-Japanese Tax Treaties

It is not always easy to find the treaties between America and Japan, so I have decided to post them here in case you would like to read them for yourself. Here is the US-Japan Income TaxTreaty (2003) courtesy of the IRS. This is an official version of the US-Japan Estate & Gift Tax Treaty (1954) thanks to the Ministry of Foreign Affairs of Japanese. Posted on July 29, 2009 at 11:48 am
Jul 29
Estate tax liability for Non-Citizen Non-Residents of America

In this real estate market, some foreign investors may be tempted to buy property in the United States on the cheap. Overall, this may be a good idea, but I wish to caution you about one potential tax trap: When a person who owns property in America dies, and that person is not a citizen and is not a permanent resident alien, there will be a United States Estate Tax due based in part on the value of that property. What's worse is that the tax rate starts at 18% and quickly goes up to 45%!... Posted on July 29, 2009 at 10:28 am

Rank This Week: 1294

Wachbrit Estate Planning &...

Wachbrit Estate Planning & Asset Protection Blog

Covers estate planning and asset protection. By Diedre Wachbrit.

http://epblog.wachbrit.com/

Sep 29
The Best Beneficiary: The Retirement Trust

Image by House Committee on Education and Labor via Flickr Why do I like Retirement Trusts best of all beneficiaries for retirement assets? Because unlike any other beneficiary, with an Irrevocable Retirement Trust, we can achieve every objective clients have for their estate planning. (Although the trust has to be irrevocable - according to one case in Kansas - it's easy to replace it with a new trust as long as the plan participant is alive and well.) We can achieve estate tax planning goals... Posted on September 29, 2009 at 07:41 am by admin
Sep 16
The Coming $1M Exemption

Cover of Throw Momma from the Train [Region 2] Many professionals reasonably believe that Congress could never do anything as outrageous as allowing the Permanent Estate Tax Repeal to expire completely on December 31, 2010 and return the exemption to where it was in 2001, when the Repeal was passed. I believe they could. In fact, a growing number of professionals are coming to believe that expiration of the Estate Tax Repeal is our most likely future. One plausible scenario was painted by Stan... Posted on September 16, 2009 at 09:00 am by admin
Sep 4
Welcome Back To Our Estate Planning Blog!

Welcome to the newly redesigned blog. The redesign of the blog is part of an effort to redesign the entire website, which grew out of the many changes that led to our new firm name. No longer The Law Office of Diedre Wachbrit, APC, this email is coming to you from Wachbrit Braverman PC. And the lead attorney is not Diedre Dennis Wachbrit, single mother. Instead, it's Diedre Wachbrit Braverman, remarried mother of two fourth-graders. I changed my name when I wed Bennett Braverman, of Boulder,... Posted on September 4, 2009 at 09:05 am by admin

Rank This Week: 1354

California Estate Lawyer Blog

California Estate Lawyer Blog covers topics such as accounting, adoption, breach of fiduciary duty, breach of trust, elder abuse, intestacy, trial, burden of proof, trust litigation, discovery, and undue influence. By Newport Beach, CA Estate Planning La

http://www.californiaestatelawyerblog.com/

Oct 1
The Joint Tenancy Deed Trumps the Will

So there we have it ... my client is listed on a deed with his two siblings and his mother as a joint tenants with right of survivorship (see California Civil Code &#xc2&#xa7683 at [www.leginfo.ca.gov]). In such a case, the survivors are said to take title by operation of law. The joint tenancy deed creates the rights in the property. By including a survivorship right, any other joint tenant alive when another joint tenant dies takes the deceased joint tenant's share. In this case, there were four... Posted on October 1, 2008 at 08:19 pm
Dec 5
I Can't Be Disinherited In California, Can I?

As I stated in my last post, my client's mother had a will when she died; in the will was a disinheritance clause that disinherited my client. In this post I will describe how those clauses are dealt with in California. In general, a child of a dead parent is entitled to a share of the estate of that deceased parent if the child can prove that the failure of the dead parent to name the child as a beneficiary in that dead parent's will or trust was due to the dead parent's mistaken belief that... Posted on December 5, 2007 at 11:51 am
Nov 30
Your Mother's California Will Disinherits You But You And Your Sisters Are Joint Tenants With Right Of Survivorship On The Deed To Your Mother's House; Who Wins?

As I have said previously, greed is an incredible motivating factor in creating family discord; in this Orange County case, my client's mother disinherited him in her will (California Probate Code &#xc2&#xa788). However, she had also, years before, transferred her home into co-ownership with her three children (including my client). In this case, the form of co-ownership was as "joint tenants with right of survivorship" (California Civil Code &#xc2&#xa7683). The issue was whether the will would control who... Posted on November 30, 2007 at 10:43 am

Rank This Week: 1376

California Estate and Business Law...

California Estate and Business Law Blog

Covers asset protection, estate planning, medi-cal planning, real estate, taxes, business entities and business succession. By Allison Consulting.

http://www.allisonconsulting.com/

Aug 29
The 7 Common Mistakes in Estate Planning

As Seen in Folsom El Dorado Hills Style Magazine Many very successful and intelligent people who care very much about their families have never established an estate plan (will or living trust), and many who have, have not designed their... Posted on August 29, 2007 at 03:40 pm
May 11
7 Questions You Must Ask the Estate Planning Attorney

The 7 Questions You Must Ask the Attorney Before You Spend a Dollar on Estate Planning 1. How Long Has the Attorney Been Doing Estate Planning? Don't settle for an inexperienced rookie. Attorneys agree it takes 10 years to gain... Posted on May 11, 2007 at 12:52 pm
May 9
Stay At Home Mom - $140,000 per year

NEW YORK - If the typical stay-at-home mother in the United States were paid for her work as a housekeeper, cook and psychologist among other roles, she would earn $138,095 a year, according to research released Wednesday. (from MSNBC) FOR... Posted on May 9, 2007 at 12:33 pm

Rank This Week: 1396

Weiss Berzowski Brady LLP

Weiss Berzowski Brady has produced legal podcasts on a variety of topics.

http://www.wbb-law.com/podcast/

Mar 13
501(c)(3)s: Obtaining and Maintaining Your Organization's Tax Exempt Status - Robert B. Teuber

Conservation easements, a private land use restriction voluntarily placed on a piece of land in order to protect it from further development, and tax relief opportunities are discussed in this podcast. Susan Marguet addresses the significant tax benefits family farmers, ranchers and other moderate-income landowners can obtain by making a charitable donation of a conservation easement. Posted on March 13, 2007 at 03:07 am

Rank This Week: 1405

California Estate Planning Lawyer

Covers estate planning, trusts, wills and asset protection with a focus on California law. Published by Scott Sagaria.

http://www.californiaestateplanninglawyerblog.com/

Mar 8
Estate Planning Following A Loved One’s Death

Losing a loved one is one of the most heartbreaking experiences that a person can go through in life. Even as a person is grieving over their loss, however, he or she may still have to make sure that decedent's estate is settled. In a perfect world, the surviving loved one(s) tasked with settling an estate, or working with an executor to settle an estate, will be knowledge about a number of matters: &#xc2&#xb7 Whether there is a will or a living trust &#xc2&#xb7 The names (and account numbers) of the... Posted on March 8, 2007 at 06:57 am by Scott Sagaria
Mar 7
Trial Continues In Case Involving Woman Whose Living Will Was Not Followed By Her Doctor And Nursing Home Staff

The granddaughter of Madeline Neumann, a 92-year-old woman who had specifically requested in her living will and advanced directive that she not be placed on life-prolonging devices at the end of her life, is suing one of her grandmother's doctors and the nursing home where Neumann had been living. There has already been a mistrial in this case. In her civil lawsuit, Linda Schieble is seeking unspecified damages from Dr. Jaimy Bensimon and the Morse Geriatric Center staff in a civil lawsuit in... Posted on March 7, 2007 at 01:54 pm by Scott Sagaria
Mar 2
California Court Says Crime Victim Is Not Allowed To Receive Restitution From Attacker’s Trust

A California Appeals Court says that it cannot order a trustee to pay restitution to a victim of a violent crime that was committed by a beneficiary of the trust-if a trust's terms give the trustee discretion over whether to pay the trustee and the trustee hasn't made any payments. Division One was affirming an earlier ruling by a Los Angeles Superior Court judge, who said that he didn't have the authority to order the trustee to use trust funds to pay Richard Young's restitution. Richard Young... Posted on March 2, 2007 at 12:31 pm by Scott Sagaria

Rank This Week: 1407

Death and Taxes - The Blog

Covers charitable giving, estate and trust administration, estate tax, gift tax, guardianships, probate, real estate and will contests. By Joel A. Schoenmeyer.

http://www.deathandtaxesblog.com/

Nov 18
5 Tips for Dealing with Claims: Tip 3

3. Last time I talked about how you can minimize the claims period by giving notice. If things break correctly, maybe the creditor won't even file the claim. But sometimes a creditor does file the claim -- informally, by sending it to the personal representative or his or her attorney instead of filing it with the court. The personal representative can then send a "Disallowance" of the claim to the creditor, using the procedures set forth in Section 18-11(b) of the Illinois Probate Act. The... Posted on November 18, 2009 at 09:36 am by Joel A. Schoenmeyer
Nov 17
5 Tips for Dealing with Claims: Tip 2

2. Tips 2-4 are similar in that they all require that you (the personal representative) do a full-court press to deal with the claims. This is somewhat counter-intuitive -- I think we're all familiar with the idea of a defendant (like in a foreclosure action) who delays, delays, delays. We want to do the opposite here, since here we're dealing with a notice requirement, and statutes of limitations. Basically the personal representative has to give: -actual notice (via letter) of the probate to... Posted on November 17, 2009 at 12:00 am by Joel A. Schoenmeyer
Nov 16
5 Tips for Dealing with Claims: Tip 1

1. The first thing you have to ask yourself is, "should we even open a probate estate right now?" If a decedent's estate appears insolvent (that is, the value of the potential claims exceeds the value of the decedent's property), maybe you never open an estate. Or, maybe you wait for two years to open it. Two years is the magic number because, under Section 18-12 of the Illinois Probate Act, most claims are barred as of that date (even if no probate was opened). The question in these cases is... Posted on November 16, 2009 at 12:28 pm by Joel A. Schoenmeyer

Rank This Week: 1449

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 San Diego, California Estate Planning Attorneys, Pinkerton, Doppelt & Associates.

http://www.sandiegoestateplanninglawyerblog.com/

Nov 17
Executors, Administrators, and Trustees Accountable to Beneficiaries

In addition to handling probate, trust administration, and preparation of all types of trusts, we often get inquiries from heirs and beneficiaries with concerns about the way an executor, administrator, or trustee is administering an estate in San Diego. Sometimes beneficiaries cannot get an accounting of the trust assets. Sometimes they have issues with the distribution of assets. In some cases, they may have suspicions that the individual handling the estate is self-dealing or guilty of... Posted on November 17, 2009 at 08:48 am by Roy M. Doppelt
Nov 12
The Poor Economy May Be Reason to Amend Your Estate Plan

With the recent downturn in the economy, San Diego has been one of the hardest hit with declining property values and unemployment. According to the Feds, the states in a full recession are California, Florida, Arizona, and Nevada. California has reached 11%unemployment and San Diego is in the top five cities for decline in property values. Because of these factors, San Diegans may need to review their estate plan and possibly amend their will or trust. Suppose your trust leaves a cash bequest... Posted on November 12, 2009 at 09:59 am by Roy M. Doppelt
Nov 8
Can You Disinherit Your Spouse?

Previous posts have discussed how to disinherit your heirs such as a child, sibling, or parent. But what if you want to disinherit your spouse? Some people may want to disinherit their spouse because they have already provided for him or her elsewhere in their estate plan. Another reason for disinheriting a spouse may be because the spouse has his or her own assets. As an example, suppose a couple marry later in life and each have children from a previous marriage. Neither needs the assets of... Posted on November 8, 2009 at 11:28 am by Roy M. Doppelt

Rank This Week: 1454

Massachusetts Estate Planning and...

Massachusetts Estate Planning and Elder Law Blog

Features information, resources and commentary about estate planning, elder law, MassHealth/Medicaid, care-giving, family matters and growing older in Massachusetts. By Leanna Hamill.

http://lhamillattorney.typepad.com/main/

Nov 16
Holiday Time - Checking In With Your Aging Parents

If you are returning home this holiday season to spend time with aging relatives, take a few minutes to check things out and make sure they are still safe at home. You don't need to make a big production out of it, but here are some things to keep an eye out for: Is there adequate lighting inside and out to prevent falls? Is the refrigerator stocked with food? Is any of it spoiling? Are there any throw rugs that could cause falls? Is their mail piling up unopened? Are your normally tidy parents... Posted on November 16, 2009 at 01:09 pm by Leanna Hamill
Nov 3
I Have a Trust. Why Do I Still Need a Power of Attorney?

I am often asked by my clients, "if I have a trust that is going to allow for the management of all my property, why do I still need a durable power of attorney?" The durable power of attorney, in addition to allowing your agent to manage your non-trust property, also allows the agent to act on your behalf in many different scenarios where the powers of the trustee do not apply: Filing tax returns and otherwise dealing with the Internal Revenue Service, Applying for public benefits, and filing... Posted on November 3, 2009 at 06:46 am by Leanna Hamill
Oct 7
Advance Directives For Mental Illness

Most people know that they should have an advance directive or living will in place in the event of a serious illness or injury, so that their loved ones will know what their wishes are. I wondered recently if similar advance directives exist for people with mental illness, so they can state their wishes for care when their illness worsens. Mary Ellen Copeland, a mental health advocate, has designed such a plan. The Wellness Recovery Action Plan (0r WRAP) is an advance directive for people with... Posted on October 7, 2009 at 12:21 pm by Leanna Hamill

Rank This Week: 1458

Illinois Estate Planning and Elder...

Illinois Estate Planning and Elder Law Blog

Covers elder law, estate planning, and nursing home abuse. By Wilson & Wilson.

http://illinoisestateplanningandelderlawblog.com/

Nov 16
Tax Credits for Illinois Home Buyers

Effective November 6, 2009 a new tax credit is available for both repeat and first-time home buyers. The National Association of Home Builders's website provides specific details. One can qualify for a tax credit up to 10% of the purchase price of a new home (maximum credit $6500) if one has lived in one residence for five consecutive years of the last eight years. Income limits apply. For single filers the credits phase out between $125,000 and $145,000 of modified adjusted gross income. For... Posted on November 16, 2009 at 06:23 am by Anne Rabuck
Nov 9
Keeping Your Illinois Estate Plan Current

Roth IRAs (Individual Retirement Accounts) allow for tax free withdrawals of both contributions and earnings. The person who opens a Roth and makes periodic contributions can withdraw those original contributions at anytime without penalty and with no tax owed. The rules are spelled out in IRS Publication 590, "Individual Retirement Arrangements". As for earnings, a Roth contributor must wait five years (calculated by the IRS as beginning January 1st of the year for which the first Roth... Posted on November 9, 2009 at 03:04 pm by Anne Rabuck
Oct 24
Estate Planning and Access to Equity in Your Home

Home Equity Lines of Credit allow you to get cash from the equity you have in your home. Most lenders look for a cushion of 30% equity already in the home before they will consider allowing the homeowner to borrow against the home's equity. With house values declining, some homeowners can't meet this 30% requirement. Other homeowners find they have little in excess of this 30% requirement available to borrow against. The rates offered by lenders for Home Equity Lines of Credit are not as... Posted on October 24, 2009 at 11:54 am by Anne Rabuck

Rank This Week: 1462

Florida Probate Blog -...

Florida Probate Blog - WeProbateFlorida.com

Covers Florida probate administration. By Long H. Duong.

http://weprobateflorida.com

Nov 13
Why Summary Administration is NOT always the best choice

In a nutshell, Summary Administration in Florida is a type of probate proceeding for small estates. To be eligible: The estate must contain less than $75,000 in non-exempt assets (typically, assets other than the decedent's home) OR At least 2 years have passed since the date of death No brainer right? Not exactly. Lately, I've had to remind clients and prospective clients that summary administration has disadvantages. Not long ago, I discussed the pros and cons of summary administration vs.... Posted on November 13, 2009 at 09:38 am by Long
Oct 1
A year ago on WeProbateFlorida.com

Time to get into the "wayback machine!" For your reading enjoyment, here are a handful of popular posts from past years on WeProbateFlorida.com. 2008 Florida Probate Forms - Where can I find them? How to "prove" a Will in Florida Probate Court Florida Probate FAQ in under 60 seconds Florida Probate Tip #1: Read the Will carefully! 2007 Florida Probate Myths - A trust always avoids probate in Florida "Quick" Q&A - What happens if I can't find the Will? Can't find the Will? A few tips! How to... Posted on October 1, 2009 at 10:30 pm by Long
Jul 27
Florida probate – Summary or Formal Administration? A simple analogy

Florida probate administration has two (2) primary types: Summary Administration or Formal Administration So which do you choose? The red pill or the blue pill? Neither. The analogy doesn't really fit (I just liked the photo). Here's a better analogy (I hope): Summary Administration is like a closet: Open closet door Reach in to grab what you need Close closet door Formal Administration is like a hallway: Open hallway door Walk down the hallway Take care of tasks along the way Exit door at the... Posted on July 27, 2009 at 05:01 am by Long

Rank This Week: 1469

California Estate Planning Blog

Discusses estate planning and administration issues with a California law focus. By Greg Broiles.

http://estateplanblog.com

Sep 28
Want to pick up your file?

From time to time, our office receives a call from someone who has been a client (or was a client of one of the two firms whose files I've taken over) who wants to see a different attorney. Sometimes this is because they live too far away to easily travel to my office, or because they're moving to another state and need help from an attorney in that state .. or maybe there's an estate planning attorney in the extended family now, and they want to use that person instead. digital fingerprint:... Posted on September 28, 2009 at 10:00 am by gbroiles
Sep 15
Free consultations, Part 2

There are two other, slightly more cynical, reasons I don't do free consultations. digital fingerprint: lupine ergonomically transcriptify The first is that there are some people in the world who have a lot of time on their hands, and as a result think their time isn't valuable. These people also seem to think that my time isn't valuable, either, and that it's a good idea for us to spend a few hours talking about the vague possibility that at some point in the future they might potentially... Posted on September 15, 2009 at 09:00 am by gbroiles
Sep 14
There’s no such thing as a free consultation.

One relatively common question our receptionist gets on the phone is "Can I have a free consultation?" Our firm policy is that we do not do free consultations. digital fingerprint: lupine ergonomically transcriptify I understand that people don't necessarily know what they want or need before they learn more about estate planning that people may want to get to know me before they commit to spending money to talk to me. We do offer estate planning seminars in our onsite classroom where... Posted on September 14, 2009 at 09:00 am by gbroiles

Rank This Week: 1510

Probate and Legal Blog

Covers probate and related legal issues.

http://www.probate-web.com/blog

Mar 29
Intro to Probate

Probate is the court-supervised process of ensuring that an estate is properly distributed upon a person's death. The assets of the estate are distributed to heirs, beneficiaries and creditors accordingly. Typically, a will is written to legally formalize plans for distribution of the estate. Not all property of the estate is subject to probate. Certain types of assets are able to be passed or designated without probate. These types of assets include life insurance policies, payable on death... Posted on March 29, 2009 at 08:24 pm by admin
Mar 29
Intro to Estate Planning

Effectively prepared estate planning can help your heirs save a great deal of time and money. By taking the time to carefully document the estate plan it is possible to reduce or eliminate the need for probate, thus getting the inheritance to the heirs quickly and avoiding many of the costs probate, as well as reducing taxes. Estate planning is necessary to assure that your hard-earned assets will be passed on and distributed according to your wishes. If you die without a will or estate plan,... Posted on March 29, 2009 at 08:23 pm by admin
Mar 29
The Role and Responsibilities of the Executor of an Estate

The executor of an estate has a great deal of responsibility. Typically, the executor will be a family member of close friend of the deceased individual. The responsibilities of the executor come with many legal obligations. The normal duties of the executor include, but are not limited to, the following: Administer the Estate This includes collecting all of the decedent's assets. The executor will need to consult with banks and other institutions where accounts were held, and life insurance... Posted on March 29, 2009 at 05:50 pm by admin

Rank This Week: 1539

Business, Real Estate and Estate...

Business, Real Estate and Estate Planning Blog

Covers business management, and estate planning. By Strong & Hanni.

http://businesslaw.strongandhanni.com/

Jan 28
The Worker, Retiree, and Employer Recovery Act of 2008 suspends mandatory withdrawal rules for 2009, provides PPA technical corrections and freezes some contribution requirements.

/**/ On December 23, former President Bush signed into law the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA 2008). WRERA 2008 provides a number of relief provisions for qualified plan sponsors and their beneficiaries and individual retirement arrangements. Required Minimum Distribution Relief for 2009 WRERA 2008 includes provisions that eliminate Required Minimum Distributions for distribution year 2009 for IRA's, qualified employer defined contribution plans (including 401(k)... Posted on January 28, 2009 at 09:22 am
Nov 11
CHARITABLE GIFTS BY IRAS UNDER THE EMERGENCY ECONOMIC STABILIZATION ACT OF 2008

Congress recently enacted and the President signed into law the Emergency Economic Stabilization Act of 2008. Among other things, this new legislation included the extension of provisions of the Pension Protection Act of 2006 relating to IRA distributions to qualified charities. The provisions of the 2006 law (which expired at the end of 2007) now continue to be effective for distributions made in 2008 and 2009. Qualified distributions directly from an IRA to a charity are not reportable as... Posted on November 11, 2008 at 07:54 pm
Oct 17
IMPORTANT PROTECTIONS WHEN USING A PAYROLL AGENT

We recommend that any of our clients using payroll agents protect themselves, because the IRS has taken the position that a business is on the hook for unemployment taxes if the payroll agent goes bankrupt. Among the steps the IRS has recommended are the following: 1. Make sure the agent has posted a fiduciary bond; 2. Insist that all IRS correspondence regarding your company's payroll taxes come to you, not to your payroll agent; and 3. Make sure that your payroll agent deposits your taxes... Posted on October 17, 2008 at 08:24 pm

Rank This Week: 1546

Rocket Lawyer Tips

Offers estate planning advice. By Charley Moore.

http://charleymoore.rocketlawyer.com/

Jan 15
Tax time tips and savings

Doing your taxes yourself has never been easier. Here are some tax time tips to help you get the most out of the many free and low cost tax return filing resources available online. Filing your taxes yourself can be really simple or more involved, depending on the amount of information you want to consider. Where to start? RocketLawyer.com offers discounted H&R Block&#xc2&#xae tax return services online. Every Rocket Lawyer member saves up to 30 percent off the cost of their online tax return.... Posted on January 15, 2008 at 12:43 pm
Dec 10
I.N.S.P.E.C.T for Safe Shopping Online

Do most people shop at stores that look unsafe? Of course not. The same common sense caution should apply to online shopping. To help our members shop safely online, the Rocket Lawyer team has compiled some of our favorite safe shopping advice into an easy to remember acronym: I.N.S.P.E.C.T. Remember what each letter stands for to keep your online shopping experience safe and secure. Identify the site. Look at the web address (the URL) in your browser and confirm that it matches the top level... Posted on December 10, 2007 at 08:53 pm
Nov 13
Free Legal Care Check-Up

Do you have a list of the essential legal documents for this stage of your life? If the answer is yes - congratulations! You're ahead of the curve...so long as you have executed and properly filed your legal documents. However, if the answer is no, you're not alone. Most adults don't have an Estate Plan. Similarly, most entrepreneurs, home-based business owners and other small business owners either haven't filed Articles of Incorporation (or LLC documents) for their business or don't keep... Posted on November 13, 2007 at 06:16 am

Rank This Week: 1598

Jersey Estate Planning

Covers wills, trusts, and durable powers of attorney. By Medina, Martinez & Castroll, LLC.

http://victormedina.typepad.com/estateplanning/

Jun 11
Making a Will

If you're thinking about making a will, here are few things that you should think about before drafting the will (or having an attorney help you think about these things and draft the will for you): 1. What assets will you be putting in the will? Take an inventory of your significant assets. These should be the things that you want to give to other people and hopefully, these are the things that other people want to get from you. (I suggest the garage sale test - if you'd include it in your... Posted on June 11, 2007 at 07:22 pm by victormedina
May 22
Living Trusts - A Primer

Many clients come into the office saying that they need "a living trust" - often without a good understanding of what they are and when there are used. Here is a brief primer on living trusts for the uninitiated. 1) What is a living trust? Well, breaking it down, a trust is simply an arrangement under which one person, called a trustee, holds legal title to something for another person, called a beneficiary. By the way, there is nothing to prevent the same person from both being the beneficiary... Posted on May 22, 2007 at 07:20 pm by victormedina
May 14
Top Tips for Selecting an Estate Planner

Having practiced in this area for a while, here are some practical tips for selecting an estate planner. I promise that this is not a thinly-veiled way of describing my practice. Although we have many of these qualities, I believe that these tips have universal value. 1. Select an attorney who is an excellent listener. Too often clients are telling their story to a lawyer who is busy planning based on what they think is going on with this client, and not listening to what the client actually... Posted on May 14, 2007 at 03:27 pm by victormedina

Rank This Week: 1632

Hull on Estates Podcast - Toronto...

Hull on Estates Podcast - Toronto Estate Law Blog

Podcast covering Canadian law on estates. From Hull & Hull.

http://estatelaw.hullandhull.com/

Jan 15
Hull on Estate and Succession Planning Episode #43 - Estate Planning

LISTEN HEREDuring Episode #43, Ian and Suzana discussed estate planning with a focus on financial topics such as tax planning, multiple will scenarios and family law issues.... Posted on January 15, 2007 at 09:54 pm
Jan 15
Hull on Estates Episode #42 - Adult Support Obligations of Elderly Parents

LISTEN HEREDuring Hull on Estates Episode #42, Justin and Megan discussed the case of Godwin c. Bolcso [1993] O.P.J. No. 297 and Section 32 of the Family Law Act. This case concerns the application by a 58-year-old mother for support... Posted on January 15, 2007 at 09:29 pm
Jan 8
Hull on Estates Podcast #41 - The Waters' Law of Trusts in Canada

LISTEN HEREDuring Episode #41, Ian and Suzana reviewed The Waters' Law of Trusts in Canada (3rd Edition) and discussed the extensive and helpful coverage of estate law and associated topics offered by the text.... Posted on January 8, 2007 at 09:20 pm

Rank This Week: 1645

Hull on Estate and Succession...

Hull on Estate and Succession Planning Podcast - Toronto Estate Law Blog

Podcast covering Canadian law on estate and succession planning. From Hull & Hull.

http://estatelaw.hullandhull.com/

Jan 8
Hull on Estate and Succession Planning Podcast #42 - The Family Office

LISTEN HEREREAD THE TRANSCRIBED PODCAST During Podcast # 42, Ian and Suzana discussed the concept of the Family Office and its primary objectives, including: the efficient transfer of family wealth to future generations the centralized management of affairs; and the co-ordination of the efforts of... Posted on January 8, 2007 at 09:42 pm
Jan 8
Hull on Estates Podcast #41 - The Waters' Law of Trusts in Canada

LISTEN HEREDuring Episode #41, Ian and Suzana reviewed The Waters' Law of Trusts in Canada (3rd Edition) and discussed the extensive and helpful coverage of estate law and associated topics offered by the text.... Posted on January 8, 2007 at 09:20 pm
Jan 1
Hull on Estate and Succession Planning Episode #41 - Conclusion of the Family Conference

LISTEN HEREREAD THE TRANSCRIBED PODCASTDuring Hull on Estate and Succession Planning Podcast #41, we discussed the institution of the family constitution and the issues to consider after its institution including Power of Attorney, Wills and other documentation.... Posted on January 1, 2007 at 09:36 pm

Rank This Week: 1646

Sheri R. Abrams Disability Blog

Covers Social Security disability law and special needs trusts.

http://sheriabrams.com/blog

Nov 22
Beware What You Post on Facebook if you Receive Disability Benefits

From the Associated Press: A Canadian woman on long-term sick leave for depression says she lost her benefits because her insurance agent found photos of her on Facebook in which she appeared to be having fun. Nathalie Blanchard has been on leave from her job at IBM in Bromont, Quebec, for the last year. The Canadian Broadcasting Corp. reported Saturday she was diagnosed with major depression and was receiving monthly sick-leave benefits from insurance giant Manulife. But the payments dried up... Posted on November 22, 2009 at 09:05 pm by Sheri Abrams
Nov 21
December 3, 2009 is the International Day of Persons with Disabilities

The annual observance of the International Day of Persons with Disabilities will take place this year on December 3, 2009. This day aims to promote an understanding of disability issues, the rights of persons with disabilities, and the gains to be derived from the integration of persons with disabilities in every aspect of the political, social, economic, and cultural life of their communities. This Day, which was established by the World Programme of Action Concerning Disabled Persons, adopted... Posted on November 21, 2009 at 07:57 pm by Sheri Abrams
Nov 21
Can You Legally Change Your Social Security Number?

Generally, Social Security only assigns one number to an individual. They use that number to record an individual's earnings so that they can determine future benefits and, eventually, to track benefits paid. Only under the following circumstances can Social Security assign a different number: &#xe2€&#xa2Sequential numbers assigned to members of the same family are causing problems; &#xe2€&#xa2More than one person has been assigned, or is using, the same number; &#xe2€&#xa2An individual has religious or cultural... Posted on November 21, 2009 at 07:40 pm by Sheri Abrams

Rank This Week: 1694

NJ Family Issues

Focuses on New Jersey divorce and estate planning. By Paul G. Kostro.

http://www.kostrolaw.com/NJFamilyIssues

Nov 22
Help for Veterans

Help for Veterans If you are, or a family member or a friend or even a stranger is a veteran, and help is needed, one or more of these resources may be useful: [SOURCE: The Star-Ledger] For immediate help in a crisis situation: &#xe2€&#xa2New Jersey Veterans Helpline (866) VETS-NJ-4 (866-838-7654) The free, confidential helpline is staffed 24 hours a day/seven days a week by trained veterans and professional counselors who can provide help for any problems that may arise when soldiers return home.... Posted on November 22, 2009 at 01:43 pm by PaulKostro
Nov 21
Are You the Father of Your Children?

Are You the Father of Your Children? DNA testing provides answers - BUT, are you ready to deal with those answers? Read: Who Knew I Was Not the Father? by Ruth Padawer, published in The New York Times. See some of my related Blog Posts. Note: There is a print link embedded within this post, please visit this post to print it. This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. My legal and mediation services are... Posted on November 21, 2009 at 11:13 am by PaulKostro
Nov 20
Divorce is around the corner — how do you protect your financial interests while your marriage dissolves

Divorce is around the corner - how do you protect your financial interests while your marriage dissolves - read: Financial Decisions to Make as You Divorce, by RON LIEBER, published in The New York Times. Note: There is a print link embedded within this post, please visit this post to print it. This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. My legal and mediation services are offered to Polish-speaking and... Posted on November 20, 2009 at 01:55 pm by PaulKostro

Rank This Week: 1710

North Carolina Estate Planning...

North Carolina Estate Planning Blog

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

http://www.ncestateplanningblog.com/

Nov 21
Is Your Will a "Turkey"? 6 Ways to Tell

Thanksgiving is less than a week away, but many people currently have turkeys of a different kind - poorly drafted Wills. If your Will is missing one or more of these features, it's time for an update: Waiver of bond for the executor At least one successor executor (in case the first named executor can't serve) Trust provisions for minor beneficiaries Comprehensive powers for the executor and/or incorporation of statutory powers Contingent beneficiaries (in case the primary beneficiaries are... Posted on November 21, 2009 at 03:28 am
Nov 19
One Year Estate Plan "Patch" Likely

Another article from CQ Politics about the Democrats' plan for the estate tax in 2010. Posted on November 19, 2009 at 02:16 pm
Nov 19
Year End Gift Checks - make sure you do it right

Many people are aware that they can give any number of other people up to $13,000 per year under the federal gift tax annual exclusion (IRC Section 2503(b)). Staying under this number means that no gift tax return has to be filed and that there will be no reduction in the amount that can be passed free of estate taxes at the donor's death. However, writing gift checks to children, grandchildren or others at the end of the year can cause the donee lose the benefit of the annual exclusion unless:... Posted on November 19, 2009 at 10:01 am

Rank This Week: 1801

Jensen Law RSS

Covers Washington estate planning and elder law issues and strategies. By Jensen Law Office, PLLC.

http://www.jensenestatelaw.com/

Nov 20
Tax Breaks Heading House Floor

Charles Rangel, D-N.Y., intends to introduce legislation in December directly to the floor of the house that would keep a variety of tax breaks from expiring before the end of the year instead of having it go through the House Ways and Means Committee which he Chairs. There are about 73 tax provisions scheduled to expire by Dec. 31, including the credit for research and experimentation expenses, deductions for tuition and state and local taxes, film and TV production expensing rules, a... Posted on November 20, 2009 at 04:08 pm
Nov 20
Looming Tax Changes Affecting High Wage Earners

High wage earners may have reason to be concerned about several proposed tax changes coming in 2010 and 2011. According to a Wall Street Journal article, some of the proposed changes are as follows: In 2011, marginal income tax rates are set to rise from 35% to 39.6%. In 2011, capital gains tax rates are set to rise from 15% to 20% and dividends would be taxed at the same rate as regular income. President Obama has proposed making the 15% capital gain tax rate permanent for most people while... Posted on November 20, 2009 at 04:03 pm
Nov 18
No Permanent Estate Tax Bill This Year

There likely will be no permanent Estate Tax Bill this year. Instead, members of the House&#xe2€&#x84Ways&#xe2€&#x84and&#xe2€&#x84Means&#xe2€&#x84Committee hope to move legislation that extends current estate tax levels for one year. The Dow Jones Newswire article describes the problem this way: But House Democrats are blanching at the $256 billion, 10-year cost of making the 2009 policy permanent. As millions of low-income and middle-income Americans are struggling to climb out of the recession, they don't want to cast a... Posted on November 18, 2009 at 12:45 pm

Rank This Week: 1851

Michigan Estate Planning Lawyer...

Michigan Estate Planning Lawyer Blog

Covers news and commentary on trusts, probate, elder law, and estate planning. Published by Michigan Estate Planning Attorneys, Witzke Berry PLLC.

http://www.michiganestateplanninglawyerblog.com/

Nov 20
Michigan Estate Planning Lawyer Blog receives The Lovely Blog Award

A special thanks to my fellow estate planning attorney, Ellen Victor of the Long Island Special Needs Law Blog, for nominating the Michigan Estate Planning Lawyer Blog for the Lovely Blog Award. I'm very passionate about the work that I do and I think the public needs to hear and think about estate planning. Blogging about Michigan estate planning issues is a great way to get the message out. So, thank you again, and drum roll please, my nominations: Massachusetts Wills, Trusts, and Estates -... Posted on November 20, 2009 at 02:35 pm by Witzke Berry PLLC
Nov 19
Estate Tax Fix by House Dems

It looks like the House Democrats are looking for a 1 year fix to the Federal Estate Tax issue. As the law currently stands, at the end of this year, there will be an unlimited estate tax exemption. Then come 2011 and beyond, the estate tax exemption will be at $1million. Meaning anyone who passes away with over $1million will get taxed at 55%. Well the House Dems are looking to slap a band-aid on the estate tax issue by continuing this years rules into 2010. You can read the article from... Posted on November 19, 2009 at 08:04 am by Witzke Berry PLLC
Nov 19
Talking to Loved Ones About What Really Matters

/**/ Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif";... Posted on November 19, 2009 at 07:53 am by Witzke Berry PLLC

Rank This Week: 1861

California Estate Planning...

California Estate Planning Attorney Blog

Covers California estate planning and living trusts. By Rinne Legal.

http://www.californiaestateplanningattorneyblog.com/

Nov 20
How to Use the Yearly Gift Tax Exemption (IRC s. 2503(b))

Gift taxes are an important thing to consider, when it comes to estate planning. This tax is as important as the infamous estate tax. In fact the gift tax was set up by the government in order to prevent workarounds regarding estate taxes. If there was no gift tax, but an estate tax, everybody would simply transfer her or his estate to their heirs or living trusts before they died. Then no estate tax would be due in the event of death. Because there is gift tax which taxes gifts equally to... Posted on November 20, 2009 at 12:44 pm by Michael Rinne
Nov 19
Undue Influence in Probate Proceedings

Generally speaking undue influence is a legal doctrine that involves one person taking advantage of a position of power over another person. The law usually tries to prevent undue influence and therefore often renders legal acts as invalid if made under undue influence. This is especially important in probate proceedings. Undue Influence is one of the most common grounds to formally contest of a will in court. A good example can be seen in the case of Alfred Glassell's. The case and the... Posted on November 19, 2009 at 11:40 am by Michael Rinne
Nov 14
Estate Planning Myths

Sandra Block has published an article on USA Today, regarding five common misconceptions about last wills. She rebuts the following myths: Estate planning is only for rich people If I die without a will, my spouse will inherit everything Having a simple will avoids probate After I create my will or living trust, I'm all set I could be held responsible for a deceased parent's debts If you would agree to one of the aforementioned statements, it is probably a good idea to read her article. Anyway,... Posted on November 14, 2009 at 01:05 pm by Michael Rinne

Rank This Week: 1886

Iowa Law Blog

Covers business, employment, trust & estates family, real estate, regulatory compliance and utility law. By Sullivan & Ward, PC.

http://www.iowa-lawblog.com/

Nov 20
New Tenant Eviction Requirements in Iowa

The eviction process (also called a "Forcible Entry and Detainer" or "FED) in Iowa is just a little more strict. A ruling from the Iowa Supreme Court today now requires that the landlord give personal service notice of the eviction hearing. Previously, under the Iowa Uniform Residential Landlord Tenant chapter of the Iowa Code (Iowa Code 562A), if a landlord was ready to evict and had followed the necessary "notice to quit" requirements, the landlord could give the tenant notice of the eviction... Posted on November 20, 2009 at 11:42 am
Oct 28
Read the Entire Agreement - Personal Liablity May be Lurking in the Document

We've previously posted on the subject of the danger of personal guarantees when entering into contracts through a business entity. Normally, the officer/agent of the company needs to sign such an agreement in his or her capacity in the company, and not in their individual capacity in order to avoid personal liability. A recent case out of the Iowa Court of Appeals clarifies that signing in your corporate capacity isn't enough on its own to limit your personal liability. In this case, which was... Posted on October 28, 2009 at 04:39 pm
Oct 16
Steve McNair - Another Failure to Plan

Former NFL football player Steve McNair is just another too-common of an example of someone who failed to plan their estate with so much at risk. As Todd Ratner on the Estate Planning Bits blog noted in his post, there are several legal issues associated to the unfortunate demise of Steve McNair that will likely result in significant cost and struggle to his family. Fame and fortune alone won't guarantee you a structured estate plan. And you don't have to be a Steve McNair to have the same... Posted on October 16, 2009 at 04:10 pm

Rank This Week: 1899

Pet Trust Law Blog

Provides information for pet owners on legal topics concerning their well being and future, such as pet euthanasia and medical care, pet sitting, pet caretakers, and pet trusts. Published by Danny E. Meek, Esq.

http://www.pettrustlawblog.com/

Nov 20
Common Foods Can Be Toxic to Your Pets

With the holiday season coming quickly, it is again time to remind all pet owners that many common foods can be extremely harmful and even deadly to your animals. Did you know that ham, walnuts, coffee, soda and salt could poison your pets? That tuna can kill your cat? That the hops in beer may be toxic to some dogs? Now is a good time for a review. Visit here, at veterinarytechniciansschoolonsline.com, for a list of twenty-five common foods that can be toxic for your pets. In addition, be very... Posted on November 20, 2009 at 06:00 am
Nov 18
Still Need a Caregiver For Your Pet Trust?

Who will be the caregiver? This is the most difficult question that needs to be answered when doing estate planning for animals. Most of us do not want to impose those daunting responsibilities on unwilling friends or families. If you cannot find someone to appoint as the caregiver for your pet trust, you might consider a Homeless Animal Rescue Team or H.A.R.T. There are many H.A.R.T locations throughout the United States. These are 501(c) (3) non-profit organizations formed to provide care and... Posted on November 18, 2009 at 06:00 am
Nov 16
Comments on Proposed Tax Deduction for Pet Care Expenses

In response to the posting here, about a proposed federal bill for a tax deduction for pet care expenses, I recently received this response from a reader. "I know that I can be charged with animal abuse for not feeding and taking care of my dog when something is wrong with her. It cost lots of money to care for our pets. Food; vet bills; medicine and other items for our pets are expensive also. Why cannot there be a reasonable credit for pet care; like a standard deduction of $1500.00 to help... Posted on November 16, 2009 at 06:00 am

Rank This Week: 1976

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/

Nov 19
Farrah Fawcett's Trust provides a good lesson

It's been widely reported across various websites in the last couple days that Farrah Fawcett's will has been revealed and it "shockingly" disinherited her longtime ex-boyfriend Ryan O'Neal (father to her son, Redmond). These reports are wrong on several levels. First, the document was her Trust, not her will. You can read it here, courtesy of Radaronline.com. This is an important distinction. Wills are public records and must always be filed in probate to be effective, which allows anyone... Posted on November 19, 2009 at 06:56 pm by Andrew Mayoras
Nov 15
Bo Schembechler's son sues his stepmom over trust

Glenn E. "Bo" Schembechler, Jr., is one of the most respected names in the history of college football. And, no, I'm not saying that just because I graduated from the University of Michigan (twice). He built one of the most successful football programs around, and it excelled for decades. Coach Bo died of heart disease on November 17, 2006, at age 77. He was survived by his second wife, Kathryn, his son, Glenn III, and two children of his beloved first wife, Millie, whom Bo had adopted (a third... Posted on November 15, 2009 at 05:19 pm by Andrew Mayoras
Nov 11
Katherine Jackson's shocking change of heart

The Michael Jackson Estate has been the subject of regular court hearings as Katherine Jackson battled for control over the last several months. She routinely objected to the decisions of the co-executors John Branca and John McClain. Recently, she hired a new attorney with the promise of taking the case in a new direction, as I discussed in this recent article about the Michael Jackson case. Her case took a new direction, all right. She decided to drop her claim. That's right, she stopped... Posted on November 11, 2009 at 06:44 pm by Andrew Mayoras

Rank This Week: 2066

Buffalo NY Attorneys Blog

Covers New York elder law, estate law, and real estate legal issues. By Robert Friedman.

http://www.wny-lawyers.com/wordpress

Nov 19
NY Court Appoints a Monitor Instead of a Guardian

In an New York Guardianship Article 81 proceeding, the New York Supreme Court, Cortland County, appointed the court evaluator as a "monitor" to oversee the financial transactions of the Alleged Incapacitated Person (AIP), instead of appointing a guardian. The AIP suffered from a bout of hypomania causing him to engage in irrational and excessive spending. At the hearing, he testified as to his recovery from the illness. However, he acknowledged that there was a thirty per cent chance he would... Posted on November 19, 2009 at 03:13 pm by admin
Nov 11
Seven New Rules Help Mortgage Shoppers Get a Fair Deal (Part II of II)

#5) The new rules ensure that consumers receive "good faith estimates" of the costs of a mortgage earlier in the application process and that the disclosures better explain the costs and terms of a loan. The disclosures will cover areas such as the potential for mortgage payments to increase, any penalty for paying off the loan early, and any fees paid by the lender to a mortgage broker for bringing in business. (a) Lenders will still be required to provide early disclosures to consumers for... Posted on November 11, 2009 at 04:18 pm by admin
Nov 6
Seven New Rules Help NY Mortgage Shoppers Get a Fair Deal (Part I of II)

Shopping for a mortgage takes time and effort. Choosing the wrong mortgage can be very costly. It could lead to the loss of your home if you can't afford the payments. But new federal consumer protections will increase the likelihood of finding a fair mortgage that you can afford for many years. The new rules recognize that disclosures alone can not always protect mortgage borrowers from the harm caused by unfair and abusive lending practices. Rules # 1 through #3 and #7 went into effect on... Posted on November 6, 2009 at 04:49 am by admin

Rank This Week: 2080

New Jersey Estate Planning &...

New Jersey Estate Planning & Elder Law Blog

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

http://www.njelderlawestateplanning.com/

Nov 19
Track those stimulus dollars

I found a great website to track exactly how the stimulus dollars are being spent, down to the county level. The Stimulus Tracker at msnbc.com shows the allocation of hundreds of billions of stimulus dollars on contracts, grants and loans to restore infrastructure. These are the dollars intended to jump-start the economy, and you can see exactly how they are being spent in the nation, your state, or your county. It shows not only dollars, but new jobs created. For example, New York, Florida,... Posted on November 19, 2009 at 10:53 am
Nov 18
Estate Tax Being Pushed Back

After a flurry of reports that Congress was going to address the estate tax this week, Derek Jenson posts this week that it is being postponed until at least after Thanksgiving. Derek comments that this makes the one year extension of the current federal estate tax law (a $3.5 million exemption per person with a 45% rate) virtually a lock - because what else do they have time to do at this point? Interestingly, Derek comments on how this "band aid" is only going to create more of an issue for... Posted on November 18, 2009 at 07:37 am
Nov 17
Large Brokerage House or Independent Financial Advisor

It's your money - who should be helping you invest it? Alexis Leondis at Bloomberg reports today that there is a definite trend of dollars leaving the larger brokerage houses to be placed with independent financial advisors instead. Almost 30 percent of the world's millionaires withdrew assets or left their wealth management firms last year, and 46 percent lost confidence in their advisers, based on a survey released in June by Capgemini SA and Merrill Lynch & Co. Independent registered... Posted on November 17, 2009 at 11:26 am

Rank This Week: 2118

About Florida Law

Covers Florida estate planning and condo laws. By Sackrin & Tolchinsky.

http://aboutfloridalaw.com

Nov 19
Florida Probate – What Happens When the Original Will is Lost or Cannot Be Located

If a Testator was last seen in possession of his Will and, after his death, the Will cannot be found, Florida law presumes that the Testator destroyed it during his lifetime and thus "revoked" it. A proponent of the Florida Will, likely a beneficiary, may rebut this presumption by establishing that the Will was destroyed or lost without the Testator's consent, i.e. by someone other than the Testator, or when he lacked the legal capacity to revoke it. The Probate court will consider all... Posted on November 19, 2009 at 10:51 am by Larry
Nov 5
Walking away from your Home Mortgage – Not without Consequences

As the value of real estate is continuously depreciating, more and more people are resorting to "self-help" measures to get out of sky-high mortgages - except that such measures are not only harmful to their own interests, but are also further devastating the economy. A recent article in USA Today entitled "More walk away from homes, mortgages," noted that homeowners are increasingly engaging in "strategic defaults" or voluntary foreclosures, whereby they simply walk away from their mortgages.... Posted on November 5, 2009 at 04:23 am by Larry
Oct 28
Renters’ Foreclosure - Know Your Rights

As of late, it's become quite common for renters to suffer the consequences of foreclosure. Many of my clients, for example, are renting homes from landlords who are being foreclosed upon. But a law passed by the Obama Administration in May 2009 may provide some relief to renters in this predicament. The law, entitled the "Helping Families Save Their Homes Act," provides that a formal lease will survive foreclosure, except that a purchaser of the foreclosed property who seeks to occupy it as... Posted on October 28, 2009 at 12:51 pm by Larry

Rank This Week: 2120

Thom L. Cooper Co. Elder Law Blog

Covers trusts, estate planning, veteran benefits and nursing home planning.

http://cooperelderlaw.blogspot.com/

Nov 19
“A Second Opinion or Another View”

by Roy Whited As a result of reading a recent blog by Daneen Cline and an experience that I had while visiting my parent's, who are both residents of Country Club Retirement Campus (CCRC) in Mount Vernon, Ohio. I would like to offer my thoughts about choosing the right long term care facility for your parents or loved one. During one of those recent visits to see my folks, which are usually weekly, I picked up a brochure titled "Making Decisions about Nursing Home Care". It was a reminder for... Posted on November 19, 2009 at 02:47 am by Thom L. Cooper Co.
Nov 18
Keeping Mom at Home

by Kathy Cooper About two months ago, my 85-year-old mother who lives with us, was feeling very tired. She could hardly lift her arms or get out of her chair. We checked her blood pressure and found that it was 225/105 so we immediately took her to the hospital. She was admitted and that was when the really strange behavior began. I stopped to see her after work. She was very agitated. She was trying to tell me about a fire that was spreading over most of the world. Had I heard from Uncle... Posted on November 18, 2009 at 06:23 am by Thom L. Cooper Co.
Nov 12
A Helping Hand for Veterans and Widows of Veterans

Are you a veteran or a widow of a veteran applying for benefits to pay for assisted living or to help you stay at home? If so, a smart strategy is to coordinate your planning for this public benefit with others you may need down the road. What does this mean? How do you do it? Listen up! Earlier this week, Lisa Nelson, our Outreach Coordinator, met with a local Veterans Service Officer (VSO) to discuss how to get the word out to veterans and widows of veterans about benefits available to assist... Posted on November 12, 2009 at 08:21 am by Thom L. Cooper Co.

Rank This Week: 2187

Gay Couples Law Blog

Covers same sex family law and estate planning issues. By Gideon Alper.

http://www.gaycoupleslawblog.com/

Nov 18
How Lesbian Couples Can Prevent Sperm Donor from Asserting Legal Rights to Children

Lesbian couples wishing to raise children can either (1) adopt a child or (2) have one of the couple give birth with donated sperm. But there's risks with the second option. Depending on the state law in which the sperm donation occurs, the sperm donor may have legal rights to the child. Julie Shapiro, a professor at Seattle University Law School, says there's two ways to prevent this: In some states statutes provide that a donor is not a parent. (Washington happens to be one such state.) In... Posted on November 18, 2009 at 08:35 am
Nov 17
How D.C. Domestic Partnership Law Will Affect Employers

A new Washington D.C. "everything but marriage" law will give registered domestic partners all the rights that married couples have starting December 3rd. As lot of the press and blogs on the new law have focused on how the law affects gay couples, I found interesting a guide that Stoel Rives, a law firm focusing on corporate law and business litigation, posted on how the domestic partnership law affects employers: What Domestic Partnerships are Covered by The Law? Two types of couples can... Posted on November 17, 2009 at 08:25 am
Nov 16
Washington Domestic Partnership Law May Influence Rhode Island and Other States

Earlier this month Washington voters passed an expansion of dometic partnership rights for gay couples living in the state. While this is good for those living in Washington, couples in other states might benefit as well. In particular, the law might encourage politicians in other states to enact a similar expansion of rights. Take Rhode Island, whose conservative governor Don Carcieri has long stood against gay marriage and state recognized domestic partnerships. Yet last last week, as... Posted on November 16, 2009 at 07:30 am

Rank This Week: 2275

Massachusetts Wills, Trusts, and...

Massachusetts Wills, Trusts, and Estates

Informational advice and musings on Massachusetts wills, trusts and estates. By Danielle G. Van Ess.

http://dgvelaw.blogspot.com/

Nov 17
I have a confession to make…

Guest Post by Meg Leardi Carey "What you resist, persists." - Carl Jung I have a confession to make&#xe2€&#xa6 I am married for 6 years, my husband and I have a 3-1/2 year old daughter, we own 2 homes, and have NO will or estate plan in place. I don't really know how we got here, just that we are here, and this is not an acceptable place to be. I think it started with a difference in philosophy, ingrained in us since we were children. My father has been planning for death as long as I can remember. I... Posted on November 17, 2009 at 11:00 pm by DGVE law
Nov 12
Why You Can't Wait Another Day and What to Do

It's been *crazy* around here, seriously. Yesterday was a very long day, so my husband was rushing to leave work to make it home to help me with the dinner/bath/bedtime routine. Here I was wearing the baby in the Sakura Bloom sling, not because I happen to be in the Babywearing Triathalon, but because, after about a month discovering the joy and ease of babywearing, I can no longer imagine life without it: On his way out the door, a work colleague stopped my husband for a moment to talk. Had... Posted on November 12, 2009 at 11:44 am by DGVE law
Oct 28
There's No Such Thing as "Mommy Brain"

I keep hearing this awful, little expression lately - "Mommy brain" - and each time it bothers me a little, but today I heard myself say it and that was it! It's time to debunk an insidious myth (which I will now attempt to do with great feminist relish!). There is no such thing as "mommy brain." I think what people usually mean by that is that a mother, especially a mother of a newborn, is "really tired." So what's the big deal? The big deal is that by saying "mommy brain" instead of "really... Posted on October 28, 2009 at 12:00 am by DGVE law

Rank This Week: 2319

Wealth Law Blog

Covers building, protecting and distributing wealth. By Samuels Yoelin Kantor Seymour & Spinrad LLP.

http://www.wealthlawblog.com/

Nov 17
Family Fights: Top 5 Reasons Settlement Beats Litigation

Jay Folberg recently wrote the four page article, "Mediating Family Property and Estate Conflicts" in the ABA's December 2009 issue of Probate & Property. I've distilled it into the top five reasons why you want to heed his advice to mediate rather than litigate: 1. Expense. Litigation is ridiculously expensive. It takes untold hours for partners, associates, and paralegals to wade through discovery documents, take depositions, fight numerous pre-trial battles, and properly prepare a case... Posted on November 17, 2009 at 09:42 pm
Nov 11
Recent Legislation: Oregon Wrongful Death Settlement

From time to time we will publish recent local cases or legislative bills: Oregon Senate Bill 403 Senate Bill 403 makes a very small amendment to ORS 30.030, which deals with the dispersal of damages received from a wrongful death action. Originally the remainder of damages from a wrongful death claim could only be dispersed in a manner similar to intestate succession. Senate bill 403 amends ORS 30.030(5) to allow the remainder of damages to be dispersed in any way agreed by the beneficiaries... Posted on November 11, 2009 at 05:00 am
Nov 4
Recent Ruling: Fed. Estate Tax Not Binding

/**/ From time to time, we will publish blurbs on recent local court opinions and state legislation: Force v. Dep't. of Rev., 2008 WL 5191844 (Or.Tax Magistrate Div.) (pdf) Background: Decedent's personal representative completed federal and state estate tax returns resulting in no tax owed on decedent's farm. The state of Oregon issued a notice of deficiency for approximately $27,000. The personal representative argued that the state of Oregon, by statute, had to use the federal valuation... Posted on November 4, 2009 at 05:00 am

Rank This Week: 2326

Andrew Flusche, Virginia Lawyer

Covers small business, criminal, IP, and estate planning issues.

http://www.andrewflusche.com/blog/

Nov 17
Traffic Cat Gets Friendly with Officer

Sometimes traffic stops get complicated. Bystanders can get in an officer's way. Drivers become agitated. Due to safety and legal concerns from traffic stops, most police cruisers have dashboard cameras to record everything that happens. Some of the Virginia traffic officers I know even wear microphones on their belts to record any statements made by the stopped driver. The camera in this Texas police car recorded interference from a furry bystander: See the original article for more. Thank you... Posted on November 17, 2009 at 12:55 pm by Andrew Flusche
Nov 7
King George Speeding Ticket Help

If you are looking for help with a King George speeding ticket, you've come to the right place. Here are some tips and advice to deal with your ticket. Read your ticket Your first important step is to read the ticket you received. Some speeding tickets aren't simple speeding tickets. Instead, they may be reckless driving tickets based on the speed you were traveling. If you have a reckless driving ticket, many of the following tips still apply. However, it is a much more serious charge than... Posted on November 7, 2009 at 10:01 pm by Andrew Flusche
Nov 7
Law Journal Interviews Andrew

I was recently interviewed by the Wisconsin Law Journal regarding virtual office services. The journalist, Jane Pribek, produced a great article on the topic. Virtual services make a lot of sense to me. My law firm operates using the best technology, service, or product for a given need. I don't pick the most expensive option or the one that is custom-made for attorneys. I pick the option that works well and keeps overhead as low as possible. In a lot of cases, virtual services are the best... Posted on November 7, 2009 at 08:39 pm by Andrew Flusche

Rank This Week: 2341

Atlanta Estate Planning Lawyer

Covers taxation of income, estates, gifts and trusts. By Gary L. Britt.

http://www.atlantaestateplanninglawyer.info/

Nov 17
Valuation Discounts For Estate And Gift Taxes

Recent court decisions offer guidance on interests in closely held businesses. One purpose of fixing a value on an interest in a closely held business is to determine gift and estate tax liability. CPAs called upon to provide such valuations know that this can be a painstaking task. It is not an exact science but an educated estimate when, as often is the case, there is no identifiable market for the interest. This uncertainty can cause unintended gift or estate tax consequences for transfers... Posted on November 17, 2009 at 11:31 am by Gary L. Britt, CPA, J.D.
Oct 31
IRC Section 7520 Rate Adjusted In Revenue Ruling 2009-35

Revenue Ruling 2009-35 provides various prescribed rates for federal income tax purposes including the applicable federal interest rates, the adjusted applicable federal interest rates, the adjusted federal long-term rate, the adjusted federal long-term tax-exempt rate. These rates are determined as prescribed by &#xc2&#xa7 1274. Rate Under Section 7520 for November 2009 Applicable federal rate for determining the present value of an annuity, an interest for life or a term of years, or a remainder or... Posted on October 31, 2009 at 10:34 am by Gary L. Britt, CPA, J.D.
Oct 26
Ten Tips for Taxpayers Making Charitable Donations

Every year, millions of taxpayers itemize their deductions on their federal tax return. One of the most common itemized deductions is a donation made to a charitable organization. Here are the top ten things the IRS wants every taxpayer to know before deducting charitable donations. Charitable contributions must be made to qualified organizations to be deductible. You can ask any organization whether it is a qualified organization and most will be able to tell you. You can also check IRS... Posted on October 26, 2009 at 04:53 am by Gary L. Britt, CPA, J.D.

Rank This Week: 2348

Matthew Curtiss, Esq

Covers Connecticut estate planning, probate, and other legal issues.

http://www.curtissesq.com/matthew_curtiss_esq/

Nov 17
Glassell Heiress Loses $100 Million in Fight Over Dad’s Will - Bloomberg.com

Nov. 17 (Bloomberg) -- Alfred C. Glassell Jr.'s daughter won't get a $100 million share of a half-billion-dollar fortune the Texas oilman left to his family foundation and a Houston art museum in his 2003 will, a jury determined yesterday. Curry Glassell, 52, was the only heir to contest Glassell's 2003 will, the last of more than a dozen wills signed by the Transcontinental Gas Pipeline Co. founder before his 2008 death at age 95. The rest of the family supported the 2003 will, which left half... Posted on November 17, 2009 at 06:13 am by Matthew Curtiss
Nov 16
NY Post: Leona kin $crew the pooch

More than 30 animal-rescue groups have written letters to the judge presiding over the administration of the late Queen of Mean's fortune, asking that she help carry out Helmsley's request that her money go to the dogs. Helmsley died in 2007, leaving the majority of her $8 billion fortune to a charitable trust to be administered by close friends and relatives for "purposes related to the provision of care for dogs." But when the trust started doling out her cash earlier this year, only $1... Posted on November 16, 2009 at 05:49 am by Matthew Curtiss
Nov 11
State Death Taxes Are the Latest Worry - WSJ.com

With the federal estate tax disappearing for most people, state death taxes have emerged as a surprise new worry. This year, the federal exemption rose to $3.5 million per individual, or as much as $7 million per married couple. At the current level, only 5,500 estates a year are federally taxable. That is down from the 17,500 estates that would have faced death taxes under the previous $2 million limit, the Urban-Brookings Tax Policy Center estimates. The problem is that most states with... Posted on November 11, 2009 at 06:07 am by Matthew Curtiss

Rank This Week: 2384

Sidebar - the official blog of the...

Sidebar - the official blog of the Martin Law Firm, P.C.

Covers Pennsylvania health care law, business law, estate planning and estate administration.

http://www.jbmartinlaw.com

Nov 16
Are You Making This Common Mistake Made by New Business Owners? Part IV

Part 4 of 7 This is part four of seven in my series of posts listing seven of the most common mistakes I see made by new business owners, along with suggestions and resources to avoid making these critical mistakes yourself. If you missed my previous posts in this series, you can read them here: Common Mistake #1: Poor Recordkeeping Common Mistake #2: No Business Plan Common Mistake #3: Not Having Business Agreements In Writing&nbsp [...] Posted on November 16, 2009 at 08:00 pm
Nov 10
If You Don't Plan Now, You'll Hate Yourself Later

What would happen to your business if you were suddenly removed from the picture? The overwhelming majority of small businesses fail shortly after a sudden change in ownership. Astute business owners need a formal business succession plan in place to ensure the continued success of their business in case of their sudden death, incapacity or long term disability rendering them unable to make critical business decisions. Death and disability are not su [...] Posted on November 10, 2009 at 08:00 pm
Nov 5
Red Flags Rule Enforcement Pushed Back

The Federal Trade Commission (FTC) has once again delayed enforcement of the Red Flags Rule, this time until June 1, 2010. This latest enforcement delay comes at the request of the U.S. Congress. The Red Flags Rule is a federal law targeting identity theft by requiring financial institutions and creditors with covered accounts to create, implement and administer a written identity theft prevention program. The FTC has previously [...] Posted on November 5, 2009 at 08:00 pm

Rank This Week: 2405

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

Nov 16
Probate Litigation

Fourth DCA overturns Broward Probate Court's eviction of son from his deceased mother's apartment. My blog has previously discussed the Fourth District's view, articulated in Herrilka v. Yates, 13 So.3d 122 (Fla. 4th DCA 2009) on the limitations on an estate fiduciary in taking or encumbering homestead property. Herrilka involved a dispute between two women who both claimed to be married to the decedent; consequently, a curator-Christine Yates-was appointed to marshal the estate assets. One of... Posted on November 16, 2009 at 08:42 am by Adrian P. Thomas
Nov 12
Exploitation of the Elderly

Elders and Vulnerable Adults Frequently Get Taken For a Ride According to some recent statistical surveys, there will be 71.5 million people living in the United States who are over 65 years of age by the year 2030. With the increase in the number of elderly persons moving to Florida, there will of course be a proportional number of those living here who have cognitive disabilities. These seniors are frequently vulnerable targets of exploitation. Florida has taken steps to increase the... Posted on November 12, 2009 at 11:47 am by Adrian P. Thomas
Nov 3
The Duties of Remaindermen

Court Allows Claim for Establishment and Foreclosure of Equitable Lien My practice is frequently faced with inquiries regarding the rights of remaindermen. A remainderman is the person who inherits or is entitled under the law to inherit property upon the termination of the estate of the former owner. Usually this occurs due to the death or termination of the former owner's life estate, but this can also occur due to a specific notation in a trust passing ownership from one person to another.... Posted on November 3, 2009 at 12:09 pm by Adrian P. Thomas

Rank This Week: 2436

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/

Nov 16
Posthumously Voided Marriage Negates Right of Election

Last year, we posted an entry on Matter of Berk, 20 Misc 3d 691 (Sur Ct, Kings County 2008), a decision in which the court granted an elective share to a surviving spouse notwithstanding evidence that the marriage to the decedent, who was 99 years old at the time, occurred under highly questionable circumstances. The court's rationale was that the marriage was voidable, not void. The Surrogate held that because the marriage was not invalidated prior to the decedent's death, the right of... Posted on November 16, 2009 at 07:39 am
Oct 29
Adoption Records Unsealed to Determine Distributee Status

A couple of months ago, we posted an entry discussing the unsealing of adoption records in New York State, and the manner in which courts must weigh the State's interests of confidentiality and maintenance of the adoptive parent-child bond against an applicant's interests in unsealing his or her records. Prompting that discussion was Matter of Victor M.I., 23 Misc 3d 1103A (Sur Ct, Nassau County 2009), a case in which the Nassau County Surrogate's Court permitted the unsealing of adoption... Posted on October 29, 2009 at 02:24 pm
Oct 9
Action Dismissed For Failure to Join Beneficiaries

A notable decision has been rendered by the Second Department, dismissing a trust rescission action as a result of Plaintiff's failure to join certain remainderpersons and charitable beneficiaries as parties. In Estate of Nowitz v. Nowtiz, 2009 NY Slip Op 06660 (2d Dept 2009), the Decedent had commenced an action during his lifetime to rescind an irrevocable trust agreement without the consent of the trustee. After a jury trial entering a judgment in favor of the Plaintiff's Decedent, the... Posted on October 9, 2009 at 07:27 am

Rank This Week: 2442

Los Angeles Estate, Probate And...

Los Angeles Estate, Probate And Tax Law Blog

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

http://losangelesestateprobatelawyer.blogspot.com/

Nov 15
Estate Planning Tool: Using "Caregiver Contracts" For Family Members Who Take Care Of Elderly Relatives

In prior posts, I have discussed minimizing the risk of probate litigation between family members. Such disputes often arise when parents or relatives decide to leave unequal inheritances to the beneficiaries, sometimes to reward the person who has taken on significant family caregiving duties. Studies show that nearly 25 percent of adult Americans provide long hours of voluntary care for older or sick family members and friends. These numbers are likely to grow as the population ages and more... Posted on November 15, 2009 at 10:11 pm by Los Angeles Estate, Probate And Tax Law Blog
Nov 13
Frequently Asked Questions About Including Provisions For Pets In Trusts

Over two-thirds of pet owners treat pets as members of their families while 12% to 27% of pet owners include their pets in their wills and/or trusts. Many pet owners want to make sure that even if they can't take care of their pets due to death or disability, those animals will be provided for and well cared looked after. Sometimes people make informal arrangements with a relative or friend to care for their pets. Sometimes this can work out but things can go wrong. What if the new owner... Posted on November 13, 2009 at 11:47 pm by Los Angeles Estate, Probate And Tax Law Blog
Oct 24
Will The Estate Tax Disappear: WSJ Article And Our Prediction

The Wall Street Journal has an October 23, 2009 article entitled "Will The Estate Tax Disappear? Changes in the Way Inherited Assets Are Valued Could Cost Heirs and Cause Hassles." A copy of the article can be found at: [online.wsj.com] By way of background, in 2001, the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) was enacted to provide for a 10 year federal estate tax phase-out plan. From 2002 through 2009, the portion of an estate exempt from federal estate tax was... Posted on October 24, 2009 at 01:39 am by Los Angeles Estate, Probate And Tax Law Blog

Rank This Week: 2460

South Florida Estate Planning Law

Covers South Florida estate planning, probate and tax law issues. By David Shulman.

http://www.sofloridaestateplanning.com/

Nov 14
I'm Not Writing About Pending Estate Tax Legislation

I keep seeing stories about various estate tax reform bills that have been introduced in Congress. They range from repealing it, to extending the exemption, to raising the exemption to lowering it, etc. I'm not going to waste time and effort reading the various bills and the tea leaves. When Congress actually does something, I'll report on it. Until then, we're still in limbo. Posted on November 14, 2009 at 06:32 pm
Nov 13
Oasis of the Seas

Ok, this has nothing at all to do with estate planning. But after yesterday's rant, I thought I'd post something a little different. The Oasis of the Seas, the world's largest cruise ship arrived in Fort Lauderdale Today. Here are a few picture of it that I took from my balcony. The first is with optical zoom and the next is with digital zoom. Posted on November 13, 2009 at 10:53 am
Nov 12
The Wall Street Journal Totally Blows it on Online Wills

I can't believe it. I have long admired the Wall Street Journal and considered them a paragon of straightforward and relatively high level journalism. Sure the editorial page leans conservative, and there has always been a general pro-corporate tinge to its stories. But I've always considered it more respectable than most other news sources. Not anymore. Today, the Wall Street Journal has led their readers horribly astray in such a manner that may cause untold pain and suffering (along with... Posted on November 12, 2009 at 01:37 pm

Rank This Week: 2477

Death Care Law Blog

Covers laws relating to preneed and death care compliance, serving banks, funeral homes, crematories, and cemetaries. By Attorney William Stalter.

http://www.deathcarelaw.com/

Nov 14
Regulating out of context: Missouri and investment advisors

Over the next year, Missouri will examine the various flaws of SB1. One of those flaws concerns the independent investment advisor and the 'fix' meant to preclude conflicts of interest. Preneed trusts have a poor track record in terms of investment performance. Trustees often fail to appreciate the key factors that impact investment strategies for preneed. Those factors can vary substantially from trust to trust, making the fund manager's job more difficult. Consequently, it is not uncommon to... Posted on November 14, 2009 at 03:33 pm
Nov 11
But for the veterans

Veterans Day invariably results in a few newspaper articles similar to the one written about the Pittston City Cemetery. Out of respect for veterans' graves, this small Pennsylvania town is seeking volunteers to provide care to its cemetery. Budget cuts and personnel cuts have left Pittston without the resources to provide maintenance to the cemetery. The Pittston cemetery plight provides a context to one funeral director's assertion that municipal cemeteries represent a 'true value' to... Posted on November 11, 2009 at 06:19 am
Nov 5
Start Preparing a Plan

In May 2009, the American Funeral Director editorial advised that fixing preneed has to be a cooperative effort, and that the industry needs to agree upon a plan before attempting to legislate a fix. In that same month, the Missouri legislature passed a 'fix' to the NPS abuses that incorporated provisions from a mixed bag of industry recommendations. The Missouri funeral industry is now learning that their recommendations don't amount to much of a plan. With rumblings that Chapter 436 would... Posted on November 5, 2009 at 07:30 am

Rank This Week: 2481

Gay & Lesbian Legal Update

Cover estate planning for gays and lesbians. By Kenneth Vercammen.

http://gaybilesbian.blogspot.com/

Nov 14
KENNETH VERCAMMEN – resume and community involvement

KENNETH VERCAMMEN - resume and community involvement Attorney at Law 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500 www.njlaws.com Kenneth Vercammen is an Edison, Middlesex County, NJ trial attorney who has published 125 articles in national and New Jersey publications on probate, estate planning, criminal and litigation topics. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association. Kenneth Vercammen was the... Posted on November 14, 2009 at 08:24 am by Kenneth Vercammen NJ Law Blog
Oct 24
Simple Assault and Aggravated Assault 2C:12-1

Posted on October 24, 2009 at 10:21 am by Kenneth Vercammen NJ Law Blog
Oct 24
Advance Directives/ Living Will for Gay & Lesbian Partners

Posted on October 24, 2009 at 09:34 am by Kenneth Vercammen NJ Law Blog

Rank This Week: 2486

Wills and Estate Administration...

Wills and Estate Administration Articles

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

http://njwills.blogspot.com/

Nov 14
KENNETH VERCAMMEN – resume and community involvement

KENNETH VERCAMMEN - resume and community involvement Attorney at Law 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500 www.njlaws.com Kenneth Vercammen is an Edison, Middlesex County, NJ trial attorney who has published 125 articles in national and New Jersey publications on probate, estate planning, criminal and litigation topics. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association. Kenneth Vercammen was the... Posted on November 14, 2009 at 07:52 am by Kenneth Vercammen NJ Law Blog
Nov 11
VOLUNTEER EDITOR- WANTED - To serve as Assistant Editor of American Bar Association Elder Law Newsletter for the ABA GP Solo Division and Assistant E

VOLUNTEER EDITOR- WANTED - To serve as Assistant Editor of American Bar Association Elder Law Newsletter for the ABA GP Solo Division and Assistant Editor of the NJ Municipal Court Law Review Good for new lawyer and recent law grad who wants to improve their resume and networking skills who is between jobs. Duties - Review and Revise Legal and Consumer Law Articles for Grammar and Punctuation - add articles to legal blogs and ABA newsletter distributor - Work as Assistant Editor of the New... Posted on November 11, 2009 at 06:10 am by Kenneth Vercammen NJ Law Blog
Oct 10
Estate Planning Ideas for Professionals and People who advise Seniors Free Seminar- 2009 update Wills and Estate Planning

/**/ Estate Planning Ideas for Professionals and People who advise Seniors Free Seminar- 2009 update Wills and Estate Planning WHEN: Wednesday October 14, 2009 12:15-1:00 PM WHERE: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, 2nd floor, Edison, NJ The cost for this program previously at Middlesex County College was $29.00. If you email back prior to October 10 you can attend for free. COST: Free if you pre-register. This program is limited to 15 people Complimentary Sandwiches to... Posted on October 10, 2009 at 11:10 pm by Kenneth Vercammen NJ Law Blog

Rank This Week: 2489

Michigan Asset Protection Lawyer...

Michigan Asset Protection Lawyer Blog

Covers asseet protection planning and issues. By Weisman, Young & Ruemenapp.

http://www.michiganassetprotectionlawyerblog.com/

Nov 12
Recent Observations in the Asset Protection World

Given the significant number of persons I meet with who are seeking asset protection advice, I have the unique advantage of being exposed to a variety of situations and developing unique strategies to deal with them. I also have the opportunity to negotiate with different creditors, some of which are lenders while others are often trade creditors, and observe how they respond to different asset protection structures. There is absolutely no doubt that a person who has taken the time to create... Posted on November 12, 2009 at 03:17 pm by Weisman, Young & Ruemenapp, P.C.
Aug 26
Tax Fraud Scheme Masks as Asset Protection

Legitimate asset protection planning is again tainted when a married couple, allegedly engaging in tax fraud, sells their fraud scheme under the guise of asset protection planning. It is a recurring theme. Schemes to hide assets offshore are frequently but incorrectly characterized as asset protection planning. The Justice Department recently commenced a suit in the Southern District of Florida against the assumed perpetrators, Byron Denver Hatcher and his wife, Kim Reinhart, seeking to bar... Posted on August 26, 2009 at 08:13 am by Weisman, Young & Ruemenapp, P.C.
Aug 5
Insurance Does Not Mean Your Assets Are Protected

I came into the office today and noticed that overnight my fax machine had spit out a flyer addressed to Attorneys and carrying the following message: "BEFORE you accept insurance policy limits in a PI case, let us do an asset search on the driver to determine his current bank balances, his real estate holdings..." and so forth. The message was clear. Defendants cannot assume that that their judgment creditors will merely accept the maximum insurance payout. If there are assets available beyond... Posted on August 5, 2009 at 06:28 am by Weisman, Young & Ruemenapp, P.C.

Rank This Week: 2538

Fisher Law Blog

Covers estate planning and business succession. By Randall Fisher.

http://thefisherlawoffice.wordpress.com

Nov 12
Don’t make the same mistakes you’ve seen in the headlines

Now is the time to update your existing estate plan, or proceed with implementing a comprehensive estate plan. Why? First, we now know with certainty that the federal estate tax is not going away, and thus we should establish a plan that avoids or at least minimize this voluntary tax. More importantly, if you don't you just might end up like the host of celebrities who have made the headlines recently because they either had no estate planning or because the planning they did have was woefully... Posted on November 12, 2009 at 02:56 pm by Randy Fisher
Oct 8
FDIC — Are you insured?

With the rash of bank failures, you may wonder whether - and to what extent - the FDIC (Federal Deposit Insurance Corporation) will protect your bank accounts. Fortunately, new rules from the FDIC clarify how you can ensure maximum FDIC insurance coverage. You may need to modify your planning slightly to take advantage of these new rules. FDIC The FDIC is an independent federal agency that ensures the availability of deposited funds after a bank failure. Created in 1933 after a run on banks... Posted on October 8, 2009 at 08:04 am by Randy Fisher
Oct 2
It’s not personal, it’s just business

Al Pacino, in playing Michael Corleone in "The Godfather," immortalized the phrase, "It's not personal, it's just business." For small businesses, the line should be slightly modified to "it's not personal, it stays business." The biggest mistake I see in representing business owners is made by the small business owners who try to separate their business from personal assets frequently fail to notice that they are personally liable on "business" credit cards. These business owners also fail to... Posted on October 2, 2009 at 07:52 am by Randy Fisher

Rank This Week: 2540

Cramer Law Center

Covers Florida estate planning.

http://cramerlawcenter.com

Nov 12
YOUR CRAZY UNCLE IS DEMANDING TO BE YOUR CHILDREN’S GUARDIAN!

This is the third newsletter in our series discussing the 6 common mistakes parents make when naming guardians for their children. Mistake #3: You probably did not exclude anyone who might challenge your decisions or who you know you would never want raising your children. Have you thought about excluding someone who might challenge your guardianship decisions or who you are certain you would never want raising your children? In every family, there is at least one relative that you just try to... Posted on November 12, 2009 at 10:32 am by Jeffrey A. Cramer
Nov 10
MOVIE REVIEW: “EMMA” AND SECOND MARRIAGE PLANNING

We previously reviewed the Frank Capra film "You Can't Take It With You". Another movie with estate planning overtones is the 1932 classic "Emma", starring Marie Dressler in an Oscar-nominated role. Emma is the story of an elderly housekeeper who cares for a motherless family, actually raising the youngest, Ronnie, when his mother dies in childbirth. The entire family is very dependent upon her. The father, Frederick Smith, becomes very wealthy. The children grow up in wealth and, with the... Posted on November 10, 2009 at 11:47 am by Jeffrey A. Cramer
Nov 10
Special Anniversary Edition

Well, well&#xe2€&#xa6 It was 25 years ago today that I hung out my shingle on a vintage house built in 1906 (behind a car wash) in Pensacola, Florida. The car wash was the source of many jokes at my expense! I scrounged up some used furniture, bought a brand new IBM Selectric typewriter and hired a legal secretary with sensible shoes. The Law Office of Jeffrey A. Cramer was open for business. The practice grew and we opened a second office in Jacksonville over 16 years ago. The commute back and forth... Posted on November 10, 2009 at 05:31 am by Jeffrey A. Cramer

Rank This Week: 2549

Tax Information for People with...

Tax Information for People with Disabilities by Paul Nidich, J.D., LL.M.

Covers tax matters affecting people with disabilities. By Paul Nidich.

http://paulnidich.blogspot.com/

Nov 10
Informative Comments on Health Care Reform by California Nurses Association

Once again, Medical News Today publishes a timely and informative comment about the recently House passed Health Care reform bill. Rose Ann DeMoro, Executive Director of the California Nurses Association/National Nurses Organizing Committee, issued a statement on November 9th noting some of the strengths and shortcomings: Of all the torrent of words that followed House passage of its version of healthcare reform legislation in early November, perhaps the most misleading were those comparing it... Posted on November 10, 2009 at 02:28 am by Paul Nidich
Nov 6
Chelation Therapy Drug Treatment & Children with Autism

Medical News Today reports two small studies involving 65 children from ages 3 - 8 suggests that a drug approved by the FDA for treatment of lead poisoning may help children with autism who have a problem with heavy metal toxicity. These studies used a drug known as DMSA which was reported to increase the excretion of several toxic metals, including lead, with no adverse side effects.These two studies also suggest that using DMSA might improve some of the symptoms of autism such as language,... Posted on November 6, 2009 at 03:51 am by Paul Nidich
Nov 4
One summary of latest House Healthcare bill

The Academy of Managed Care Pharmacy has issued a summary of the "Pelosi" health care reform bill, HR 3962. Medical News Today has "an AMCP staff summary of some of the key provisions of interest to the Academy." See [tinyurl.com] Posted on November 4, 2009 at 09:44 am by Paul Nidich

Rank This Week: 2615

Minnesota Estate Law

Covers Minnesota estate planning and probate. By Vest & Johnson.

http://mnestatelaw.com

Nov 9
Find medical assistance contacts easily

Trying to find the right contact information for a county's medical assistance department used to be a pain. There was no unified directory that was available to attorneys, which caused attorneys to waste a lot of time trying to obtain clearance certificates or to reach the county regarding medical assistance claims. The MSBA has recently made it easy for its members. Medical assistance contact information is available for all the counties on the MSBA's practicelaw.org website. Save time and... Posted on November 9, 2009 at 12:53 pm by Boyd Johnson
Nov 6
Sample slides for an estate planning presentation

I recently gave a presentation at Bethlehem Baptist Church on estate planning issues for seniors. The slideshare presentation linked below is a version of the slides I created and used. I'm providing them here in case someone finds it helpful in creating their own estate planning presentation. As you can see by flipping through the slides, I adopted a minimalist design, trying to use as few bullet points as possible. There is almost nothing worse than a presenter who merely reads bullet points... Posted on November 6, 2009 at 11:58 am by Boyd Johnson
Nov 2
Schedule your Hennepin County Probate Registrar appointment in the suburbs

If you are opening an informal probate in Hennepin County, save time and avoid the hassle and expense of parking by meeting one of the Probate Registrars in the suburbs rather than downtown. About every other week, Ms. Peterson travels to Brookdale for part of a day. I believe she does the same thing for Ridgedale. You must have an appointment as walk-ins are not allowed. Based on my experience, these appointment slots get filled pretty quickly, so call as far ahead as possible. To get a suburb... Posted on November 2, 2009 at 01:25 pm by Boyd Johnson

Rank This Week: 2630

Pennsylvania Fiduciary Litigation

Insights and and commentary from a trusts and estates lawyer and expert witness. Published by Patti Spencer of Spencer Law Firm.

http://www.pennsylvaniafiduciarylitigation.com/

Nov 9
Dementia Rise Puts Stress on Wills

This article from the UK highlights the predicted rise in dementia diagnoses due to the ageing of the population and what that means for will contests. Click here. Hat Tip to J. Michael Young, Esq. at Texas Fiduciary Litigation. Posted on November 9, 2009 at 06:27 am
Nov 1
Martin Luther King Jr.'s Children Resolve Bitter Dispute Over Estate

Bruce Carton at Legal Blog Watch writes: "An out-of-court settlement has finally resolved a long-standing dispute among Dr. Martin Luther King's children over his multimillion-dollar estate. Although Dr. King died in 1968, his estate continues to produce substantial income. Among other things, the estate includes the broadcast rights to Dr. King's "I have a dream" speech. In 1999, the 11th Circuit ruled in Estate of Martin Luther King, Jr., Inc. v. CBS, Inc.that the public performance of his... Posted on November 1, 2009 at 09:10 am
Nov 1
Inheritance Laws and the EU

When your client owns property in foregin countries, estate planning and tax issues can be complex. This is an excellent article discussing inheritance in the European Union nations centering on the issue of forced heirship. It is a concept strange to Americans who strongly believe they have a right to disinherit their children. Thank you to blogger Joel A. Schoenmeyer at Death and Taxes Blog. Posted on November 1, 2009 at 07:41 am

Rank This Week: 2642

Florida Probate Litigation Lawyer...

Florida Probate Litigation Lawyer Blog

Cover Florida probate litigation. By Koch & Trushin, P.A.

http://www.floridaprobatelitigationlawyer.com/

Nov 6
TIME PERIOD FOR FILING AN OBJECTION TO A WILL

Do you know of a will in South Florida that is being administered and want to object to the validity of that will, someone's appointment as personal representative or the jurisdiction of the probate court? If so, then you must move quickly to object on these issues. The Florida Statutes state that once you are served with a notice of administration, you have only 3 months to file any objection on such issues. Therefore, it is critical that you file your objection with the court prior to the... Posted on November 6, 2009 at 02:04 pm by Bradley H. Trushin
Sep 10
Is a no-contest clause in a will enforceable in Florida?

A "no-contest" clause in a will is a provision typically used to scare off potential legal challenges by potential beneficiaries who feel they have not received their proper share of an estate. The provision often contains langauge similar to "anyone who challenges this will, shall forfeit any inheritance they may have under this will". The reason for such clauses is that the testator wants his heirs to avoid any legal proceedings after his death and for his estate to be administered without... Posted on September 10, 2009 at 07:07 am by Douglas Schapiro
Aug 27
Methods to Attack a Will

Have you been wrongfully denied your share in a will? If so, you may want to contest the validity of that will so that you may obtain your perceived share of the decedent's estate. A will can be challenged in a Florida probate proceeding on a number of grounds. Fraud - A person was fraudulently induced into signing their will through lies, trickery or deceptive acts. For example, decedent's son places a document in front of his dad stating it is a form that needs to be signed for the mortgage... Posted on August 27, 2009 at 08:02 am by Bradley H. Trushin

Rank This Week: 2673

Estates of Mind

Covers estate planning and wealth preservation. By Mark A. Ziebold.

http://estatesofmind.blogspot.com/

Nov 6
The taxation of life insurance policies – part 1

Many clients come into my office and indicate that they have life insurance coverage and that they were told by their insurance agent that they would be protected from all taxes by the life insurance death benefit. They are also told that they can access the cash value of their life insurance policies on an income tax free basis during their life for retirement, or other purposes (paying for children's college expenses, medical needs, etc.). While all of these statements are generally correct,... Posted on November 6, 2009 at 07:54 am by Mark Ziebold
Nov 6
Upcoming Asset Protection Society Meetings

Many people have asked for the schedule for the next few APS meetings. Here are the dates, speakers and topics for the next three meetings. If you are interested in attending any of these meetings, feel free to contact me at mziebold@ferruzzo.com to RSVP. Tuesday, November 24, at 7:00 PM - Todd Rustman will be presenting on principally protected investment vehicles for your clients with some time spent on current premium financed life insurance programs. Tuesday, January 19, at 7:00 PM - Jason... Posted on November 6, 2009 at 12:33 am by Mark Ziebold
Oct 27
Next Asset Protection Society Meeting

We have scheduled the next Orange County Asset Protection Society Meeting for Tuesday, November 24, at 7:00 PM in our office located at 3737 Birch, Suite 400, Newport Beach, CA 92660. Todd Rustman of GR Capital Asset Management (www.gr-cam.com) will be speaking on principally protected investment options for your clients and include a discussion on some of the current options involving premium financed life insurance. If you are looking for investment options for your clients who have suddenly... Posted on October 27, 2009 at 02:02 am by Mark Ziebold

Rank This Week: 2682

Mogren Glessner & Roti

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

http://mgrlaw.blogspot.com/

Nov 3
Debt Division in Washington Divorce

As part of an action for the dissolution of a marriage, the Court must determine the division of the parties debts and liabilities. The standard the Court uses is not necessarily and equal division of the debts, but a fair and equitable division, considering all of the circumstances. The Court will usually order one party to pay a debt, and indemnify and hold the other party harmless from the responsibility of the debt. This order however, is between the two parties only, and does not effect... Posted on November 3, 2009 at 01:34 am by Peter W. Mogren
Oct 29
Parenting Plan vs. Residential Schedule

In most family law actions where children are involved, the court will enter a Parenting Plan for the children. Parenting Plans are detailed court orders addressing both parents rights and responsibilities regarding the children. The three main issues addressed in the Parenting Plan are the residential schedule, decision making and dispute resolution. In parentage (paternity) cases, the court has the option of entering a Parenting Plan or only a Residential Schedule. A Residential Schedule... Posted on October 29, 2009 at 02:56 am by Peter W. Mogren
Oct 15
Deposition in Wasington Divorces

In contested cases, a great deal of work goes into preparing the case for court. Sometimes, it is necessary to conduct a deposition. A deposition is testimony taken under oath (under penalty of perjury) in advance of a trial or evidentiary hearing before a Judge or Court Commissioner. Typically, a deposition is taken both to learn information, and to "box" a witness into a story. Deposition testimony may be may be used against that witness in court. Therefore, it is a very useful investigative... Posted on October 15, 2009 at 03:48 am by Peter W. Mogren

Rank This Week: 2737

California Probate Center

Provides legal information regarding wills, trusts, and probate litigation for San Diego representatives, guardianships, conservatorships, and trustees. By Roy Newman.

http://probatelawyer.sandiegoestatecenter.com

Oct 31
Why Do I Need a California Will? 5 Myths About Wills

USA Today has published a list dealing with misconceptions about wills. The list tackles 5 common myths: Estate planning is for rich people. If I die without a will, everything will go to my spouse. If I have a will, my estate won't go through probate. After I create my will or living trust, I'm all set. I could be held responsible for a deceased parent's debts. You can read the article itself here. Related posts: Are California Will Kits - "Do It Yourself Wills" - Legal? As a probate litigator... Posted on October 31, 2009 at 12:00 pm by admin
Sep 30
Disinheritance: Will I Be Disinherited for Marrying Outside the Faith?

The Illinois Supreme Court ruled that a Jewish couple's dying wish to disinherit any of their grandchildren that married outside of the Jewish faith was lawful. The Courts have traditionally ruled that clauses that promote divorce are against public policy, but here the Court held that the clause did not do so. The clause in question required that upon the death of the surviving testator, if any grandchild married outside of the Jewish faith, their non-Jewish spouse had a year to convert to... Posted on September 30, 2009 at 09:06 am by admin
Aug 31
Trust Litigation - A $5 Billion Dollar Trust for the Dogs?

Leona Helmsley left an estate valued at about $5 billion with instructions stating that the money should, at least in part, be dedicated to the wellness of dogs. A few months ago, a judge ruled that the trustees could actually spend the money for other purposes - giving the green light for the trustees to spend over $100 million in grants on other causes. This angered animal protection organizations including the A.S.P.C.A. and the Humane Society. Those organizations have now joined together... Posted on August 31, 2009 at 10:29 pm by admin

Rank This Week: 2772

Wills and Trusts Lawyer Blog

Covers estate planning, probate, trusts and wills. By Roy Newman.

http://sandiegoestatecenter.com

Oct 31
Legal Fights Over Wills - No Contest Clauses Hit the Public Spotlight

With the death of Michael Jackson and other celebrities, no contest clauses have come to the fore of the public's attention. No contest clauses are an attempt to keep brothers and sisters, aunts and uncles, and everyone else from suing in probate court every time someone writes an unfair will. There are quite a few benefits to discouraging litigation - as well as some detriment where there is a legitimate cause for concern. In fact, the California law on the subject is complex and will change... Posted on October 31, 2009 at 11:43 am by Roy Newman
Sep 30
Estate Planning 101: Steve McNair’s Estate Is A Complete Mess

Steve McNair never had an estate plan in place. He never had a will, a trust, or any other testamentary instrument. Although I frequently warn about the dangers of not having a proper estate plan in place, it is hard to imagine a set of facts that will be more devastating to his heirs. First, he likely made over $75 million over the course of his lifetime. Since he did not shelter that money from the federal government, he now may lose up to 45% of that wealth in taxes. That could be a... Posted on September 30, 2009 at 09:26 am by Roy Newman
Aug 31
What is an Advance Medical Directive or Living Will?

A recent Wall Street Journal article discusses the importance of having an advance health care directive in place should you become incapacitated. Though the article refers to an "advance medical directive," in California it is called an advance health care directive. These directives give doctors direction, in your own words, should you not be able to speak them. Yet less than a 1/3 of Americans have them in place, despite the fact that most Americans will need them at some point. This saves... Posted on August 31, 2009 at 09:55 pm by Roy Newman

Rank This Week: 2775

Florida Asset Protection &...

Florida Asset Protection & Estate Planning

Covers asset protection and estate planning. By C. Randolph Coleman.

http://blog.thecolemanlawfirm.net

Oct 30
Asset Protection Planning or Estate Planning - Which has Priority?

Over the past few weeks I've had the opportunity to work with a relatively successful young couple who have accumulated fairly significant assets, but who continue to be very concerned about the direction of the economy. They have expressed a desire to structure their financial affairs in a way that will protect them from potential future sources of liability. Prior to being referred to me, they worked with a Florida estate planning attorney who provided them with very good estate planning,... Posted on October 30, 2009 at 10:40 pm by Randy Coleman
Oct 21
A Tale of Two Guardianships

One afternoon recently I had the opportunity to meet with two different families regarding the need for obtaining a guardianship over a family member of each family. These were two totally unrelated families, with totally different circumstances, other than they happended to be scheduled for back to back appointment with me in my office. The factual situation for the first family was that their 76 year old mother recently experienced a serious stroke. A woman who was robust, active, and... Posted on October 21, 2009 at 03:40 am by Randy Coleman
Oct 16
Don't Forget About the Gift Tax

A real estate lawyer friend of mine contacted me earlier this week and posed a series of questions for me regarding a proposed transaction with one of his clients, who he has referred to me for estate planning. We are in the process of designing this client's estate plan, but have not completed any of the actions that will be appropriate for him. The proposed transaction involved the client's long time live-in companion. The client and his girlfriend are not yet married because we are working... Posted on October 16, 2009 at 06:12 am by Randy Coleman

Rank This Week: 2777

Ohio Law Blog

Covers estate planning and business law issues in Ohio. By Morrison & Nicholson, LLC.

http://morrisonandnicholson.com/ohiolawblog

Oct 28
Interim custody, attorney fees, spousal, and child support while a divorce case is pending in an Ohio Court

It is often the case that a couple that is going through a divorce has one of the spouses move out of the home, leaving the other spouse with primary custody of the children. The vacating spouse is often the breadwinner of the home, however (after all, he or she has the funds to rent an apartment during the course of the divorce action). This can leave the remaining spouse in the home with the children and no source of (or not enough) income to continue to run the household and properly care... Posted on October 28, 2009 at 11:09 am by Charles Morrison
Sep 10
Easiest way to terminate the marriage when one spouse no longer lives in Ohio | Dissolution vs. Divorce

The Courts of Ohio have jurisdiction to terminate the marriage of any Ohio resident that has lived in the state for at least six months. This is the case even if the marriage took place in another state. The termination can be by way of Divorce, Dissolution or annulment (in rare circumstances). Often, couples that have separated and are living apart want to terminate the marriage and have already come to an agreement on all relevant issues (property division, child custody, spousal support,... Posted on September 10, 2009 at 09:10 am by Charles Morrison
Aug 27
What is the standard to request legal custody in Ohio?

Under Ohio law, once a parent is designated as the residential and custodial parent, the prefernce is to maintain that person as the custodial parent. The Courts want to avoid a perneial tug-of-war between the parents with the children caught in the middle. Courts do not want to see motion after motion filed by the parents, but would rather have the custody established and settled for the benefit of the children. However, when it is appropriate, a post-decree motion for a reallocation of... Posted on August 27, 2009 at 02:13 pm by Charles Morrison

Rank This Week: 2806

Jennifer R. Lewis Kannegieter,...

Jennifer R. Lewis Kannegieter, Attorney at Law Blog

Covers family law, estate planning, and probate in Minnesota.

http://www.lewis-k-law.com/blog

Oct 26
Will We Need to Go to Court for our Divorce?

In some Minnesota divorce cases, parties can get a divorce without ever stepping foot in the courthouse. In order to avoid a court hearing, the parties must reach a complete agreement. If you start the court process and are unable to reach an agreement, you will have court hearings (starting with an Initial Case Management Conference, Temporary Relief Motion Hearing, Scheduling Conference, or a Pre-Trial Conference). But if you and your spouse have a signed Marital Termination Agreement before... Posted on October 26, 2009 at 07:03 am by Jennifer R. Lewis Kannegieter
Oct 8
MN Divorce FAQ: Will My Spouse Have to Pay My Lawyer’s Fees?

A frequent question I hear is "Will my spouse have to pay my attorney's fees?" My answer to this is "Don't count on it." In Minnesota, attorney's fees can be awarded one of two ways: need-based or conduct-based. Need-based awarded mean that one party cannot afford the fees and that the other party has the means to pay. In many cases this can be a problem as neither party can really afford additional fees. Conduct-based fees are awarded when the court finds a party to be acting in bad faith and... Posted on October 8, 2009 at 07:04 am by Jennifer R. Lewis Kannegieter
Sep 24
Custody Battles for Military Parents

For several military parents a deployment to serve their country can cost them dearly in a custody battle. While parts of the Servicemembers Civil Relief Act applies to military child custody cases, granting more time for troops to respond and prohibiting judgments against parents while they are deployed, there has been a movement for additional protections for military parents while they are deployed. Leo Shane III has an in-depth article, Custody Battles Can Become Rude 'Welcome Home' for... Posted on September 24, 2009 at 07:16 am by Jennifer R. Lewis Kannegieter

Rank This Week: 2836

Southern Oregon Estate Planning

Covers trusts, wills and estate planning. By Jim Eagar.

http://sourthernoregonestateplanning.wordpress.com

Oct 24
The Goals of Estate Planning; Disability Planning

" ...one very important goal of estate planning might be planning for the possible future mental disability of the trustmaker." Posted on October 24, 2009 at 08:18 pm by jeagar
Oct 12
Purposeful Trusts: A Trust with a Personality

This cutting-edge estate planning tool captures the actual voice and vision of the client in the text of the trust Posted on October 12, 2009 at 10:03 am by jeagar
Oct 4
Hello world!

Welcome to Southern Oregon Estate Planning, a blog to provide information you need to know about estate planning to benefit you and your family. In the upcoming days, I will be posting blogs about topics dealing with general estate planning, disability planning, trusts and wills, medical advance directives, avoidings guardianships, etc. Stay tuned! [...] Posted on October 4, 2009 at 03:03 pm by jeagar

Rank This Week: 2845

Estate & Tax Planning Musings

Provides updates on estate and tax planning information and cases. By Marc J. Soss.

http://estate-taxplanningmusings.blogspot.com/

Oct 24
Law Changes in NY and NC

New York law now allows Domestic Partner Power to Make Anatomical Gifts: Effective October 25, 2009, New York will allow a domestic partner the ability to make an anatomical gift of the other partner's organs. 2009 Sess. Law News of N.Y. Ch. 348. Changes to Wills, Trusts, & Estates Laws in North Carolina: New legislation includes the following: - Allowing a trustee to appoint trust property to another trust for the same beneficiary. 2009 N.C. Laws S.L. 2009-318. - Establishing a procedure... Posted on October 24, 2009 at 12:42 am by Marc J. Soss, Esq.
Oct 19
Arizona Extends Time Non-charitable Trust May Exist

Arizona has extended the time a trust for a specific lawful non-charitable purpose may exist. The time period was increased from 21 to 90 years. Act of July 10, 2009, ch. 85 Ariz. Laws 2333. Posted on October 19, 2009 at 02:31 pm by Marc J. Soss, Esq.
Oct 19
Tax Court Rules on LLC Transfer Valuation

Transfers are valued as transfers of interests in a limited liability company so that the LLC is not disregarded under the "check the box" regulations to treat the transfers as transfers of a proportionate share of assets owned by the LLC. As a result, the transfers are subject to valuation discounts for lack of control and lack of marketability. Posted on October 19, 2009 at 02:30 pm by Marc J. Soss, Esq.

Rank This Week: 2850

IHT-Solutions

Commentary on all Inheritance Tax (IHT) matters. By Paul Solomons.

http://www.iht-solutions.net/home/

Oct 22
Another platform

Please note that I have been asked to blog by Yell.com on their specialist solicitors site www.solicitors.yell.com . I am writing on Wills,Trusts,Probate and tax matters and will post weekly for at least the next 3 months. As such, if there are few new posts of mine here, you will know where to found them. Thank you Posted on October 22, 2009 at 04:27 pm by Paul Solomons
Sep 23
Why you should make a professionally drawn Will!

A cautionary tale can be found here Posted on September 23, 2009 at 09:41 am by Paul Solomons
Aug 13
In contemplation of marriage !

In contemplation of marriage (or civil partnership) is an old-fashioned phrase but actually has a good deal of relevance in modern Will-writing as more people are living in long-term relationships prior, if ever, to getting married. In simple terms, if an unmarried couples make Wills and there is any chance that they may enter into marriage at some stage in the future, it makes very good sense to make the Wills - In contemplation of marriage. The reason for this is that the act of marriage... Posted on August 13, 2009 at 03:49 pm by Paul Solomons

Rank This Week: 2862

New Jersey Estate Planning

Covers wills, trusts, durable powers of attorney, and health care directives.

http://www.jerseyestateplanning.com

Oct 22
Balloon Boy Fallout – Should Heenes Lose Custody of Children if Guilty of Hoax?

Amber Watson-Tardiff, who posts a regular column on NJ.com about Parenting Advice for New Jersey parents asked me to comment for an article she was writing about the fallout from Balloon Boy, including anticipating court intervention with the parents. You can read the whole article here - and I've pasted most of the column below (and bolded my portion for my mom's easy reading): It was just a week ago that the nation was captivated and horrified by the runaway weather balloon that supposedly... Posted on October 22, 2009 at 05:53 am by Victor Medina
Aug 25
Estate Planning Myths & Misconceptions – Myth #3 – An Estate Plan Is Not A Will

Most people think of "doing estate planning" as the act of creating and signing a will. While in some cases, a will is the best instrument, you can't get to that answer without engaging in a comprehensive process where the lawyer gets to learn about you and your family, your goals and desires, your values and expectations. Only then can an effective estate planning attorney recommend the best document or set of documents to create an estate plan that "works" for you. While it is a near... Posted on August 25, 2009 at 06:00 am by Victor Medina
Aug 21
Estate Planning Myths & Misconceptions – Myth #2 – All Estate Plans Are The Same

In my first post, I talked a little about those attorneys who offer to do it all for you (real estate, commercial litigation, business representation), including your estate planning. Just as not all estate planning attorneys are the same, Myth #2 is that not all estate plans are the same. Despite what Suze Orman will tell you (and sell you), you should not get your estate plan out of a box. If the attorney (or financial professional) you're interviewing is bragging about how easy it is create... Posted on August 21, 2009 at 06:00 am by Victor Medina

Rank This Week: 2866

Towson Tax Attorney

Covers taxes, business law, and estate planning. By Jeffrey Rogyom.

http://towsontax.com

Oct 21
The Best Entity for Your Maryland Business: LLC or Corporation?

Choosing an entity for your business can be a difficult decision. There are many types of entities available, and you are not limited to forming an entity in your state. Further, the entity you choose does not necessarily determine how the entity will be taxed. For instance, you may choose to form [...] Posted on October 21, 2009 at 08:07 pm by Jeff Rogyom
Aug 23
Maryland Sales Tax Audit Defense

With Maryland tax audits increasing, you should ensure your company is prepared. An ongoing, organized approach to preserving necessary documents will streamline a sales tax audit and may even lead to tax refunds. First, beware, a state auditor visiting your office for a sales tax audit isn't required to keep the focus solely [...] Posted on August 23, 2009 at 10:14 pm by Jeff Rogyom
Aug 5
Sales Tax Matrices and Taxability Guides

Your company may need a sales tax matrix or taxability guide to ensure employees know how to fullfill their sales and use tax duties. Sales and use taxes are inherently complex, in part, because each state's rules vary. This leaves many tax departments ill-equipped to adequately maintain every tax and accounting responsibility. Sales and use [...] Posted on August 5, 2009 at 09:51 pm by Jeff Rogyom

Rank This Week: 2867

Los Angeles Probate and Trust...

Los Angeles Probate and Trust Lawyer Blog

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

http://www.losangelesprobateandtrustlawyer.com/

Oct 19
FEDERAL ESTATE TAX EXEMPTION UPDATE

As 2010 looms near, our law office has received multiple inquiries about the status of the federal estate tax exemption for the upcoming years. Generally, federal estate taxation pertains to the amount of tax your estate will be liable for at your death. Over the years, the federal estate tax exemption amount has been subject to a graduation system that provided for the federal exemption to increase while decreasing the estate tax rate. Under the Economic Growth and Tax Relief Reconciliation... Posted on October 19, 2009 at 04:16 pm by Jan Morrison
Sep 9
The Benefits of Naming a Trust as the Beneficiary of Your IRA

Recently, the Wall Street Journal contained an article about the benefits of naming a trust as the beneficiary of an IRA. When drafted and implemented correctly, beneficiaries could be recipients of more wealth as the IRA will be 'stretched' and the beneficiaries will also benefit from the protection provided by the trust from creditor's, divorces, lawsuit judgments, etc. Posted on September 9, 2009 at 08:17 am by Jan Morrison
Jul 21
Guardianship of Your Minor Children

Recent events regarding the custody and guardianship of Michael Jackson's children have garnered increased interest from parents with minor children. The most common manner in which a guardian is nominated is the inclusion of such a provision in one's Will. However, California recognizes other methods of accomplishing nominations of guardians. Not nominating a guardian may have unwanted or intended circumstances. Who a parent chooses as potential guardian is of tantamount importance and can... Posted on July 21, 2009 at 05:40 pm by Jan Morrison

Rank This Week: 2890

Ohio Estate Planning, Trust &...

Ohio Estate Planning, Trust & Probate Law

Covers Ohio estate planning, trust and probate lwa. By Bradley B. Wrightsel.

http://wrightsel.blogspot.com/

Oct 16
Trust Mills Beware

For many years, estate planning attorneys, bar associations and the Ohio Legislature have warned citizens to beware of Trust Mills. Now the Ohio Supreme court has sent a message to Trust Mills to beware of operating in Ohio. A Trust Mill is a company that has agents pushing a "one-type fits all" trust form for a substantial price. Trust Mills often focus on the elderly with scare tactics such as brochures and mailings warning that even modest estates will be consumed by estate taxes and probate... Posted on October 16, 2009 at 03:25 am by Bradley Wrightsel
Sep 22
Movement to Eliminate Ohio’s Estate Tax is Under Way

The Ohio chapter of Americans for Prosperity is pushing forward with its proposal to repeal Ohio's estate tax. Ohio assesses a tax on residents' estates valued at $338,333 or more. The group successfully certified its petition with the Ohio Attorney General's office and the Ohio Ballot Board. The group now needs to collect 120,683 valid signatures of registered Ohio voters by the end of the year to have the legislature consider its proposal. If you are an opponent of the Ohio estate tax, you... Posted on September 22, 2009 at 03:28 am by Bradley Wrightsel
Aug 21
U.S. Continues to Uncover the Methods Used by Wealthy Tax-Evaders

In our last post, we addressed that the IRS was receiving an overwhelming number of disclosures from wealthy taxpayers, regarding income earned, but not reported, on offshore accounts. The U.S. continues to aggressively pursue the people who use these schemes to avoid paying income tax and the financial institutions that have willingly assisted and advised on how to set up these accounts. The identities of many of these account holders have been revealed through the government's civil and... Posted on August 21, 2009 at 08:15 am by Bradley Wrightsel

Rank This Week: 2912

Pennsylvania Estate Planning Blog

Covers estate planning, trusts & estates, probate, and related litigation. Published by the Jakubick Law Firm.

http://www.paestateplanninglaw.com/

Oct 15
Is There A Trap Lurking In The Language Of Your Will

From the Wall Street Journal: Have you checked your will lately--or your spouse's? If not, there may be a trap lurking in the language that could cause an unintended calamity after death. Here's why. Since 2001 the federal estate tax exemption has stepped up from $675,000 to its current level of $3.5 million per individual or, with planning, $7 million per couple. Customarily, lawyers have put a "credit shelter" or "bypass" trust provision into the will of each partner in a married couple. This... Posted on October 15, 2009 at 07:47 pm
Sep 8
The Hobbit Is Coming!

Seems that the estate of JRR Tolkien has settled its dispute with New Line Cinema, the producer of the Lord of the Rings movies, over the distribution of profits, paving the way for production of "The Hobbit." Posted on September 8, 2009 at 06:33 pm
Oct 22
Why Now Is The Time To Help Your Heirs

Interesting piece from the Wall Street Journal detailing how the recent turmoil in the markets can provide some lifetime planning opportunities: The economy is a mess, home prices are reeling, and stocks have plunged. But for those likely to become ensnared in the estate tax, there's a silver lining: These troubled times offer some of the best opportunities in years to transfer wealth to younger generations, without triggering much or any inheritance tax along the way. "This is a great time to... Posted on October 22, 2008 at 04:00 am

Rank This Week: 2914

New York Trusts & Estates Law...

New York Trusts & Estates Law Blog

Covers New York wills, trusts, estates, and elder law. By Saul Elnadav.

http://trustsestateslaw.com/

Oct 14
Article on Wills, Inheritance & Halacha in Community Magazine

An article I wrote on yerusha (Jewish Laws of Inheritance) and halachic estate planning was published in the October 2009 issue of Community Magazine. See The Top 10 Questions & Answers About Wills, Inheritance & Halacha. If you're concerned about halacha, you should, at the very least, have a will. Share/Save Related posts: Estate Planning, Halacha and the Jewish Law of Inheritance Halacha and inheritance Estate planning during a recession Estate planning basics "Major revisions to New... Posted on October 14, 2009 at 07:27 am by Saul Elnadav
Aug 27
New York to revise the power of attorney law again?

New York's new power of attorney law will be going into effect on September 1, 2009. While attorneys and other financial professionals update their forms for next week, they should be prepared to have to do it again in the near future. Back in June, two and a half months before the effective date of the statute, the New York State Assembly passed Bill No. A8392-A, which made some "technical corrections" to the statute and the statutory forms. Unfortunately, the State Senate was too busy... Posted on August 27, 2009 at 12:32 pm by Saul Elnadav
Jul 21
Halacha and inheritance

A two hour summer commute is a proven cause of blog neglect. On the other hand, my long commute gives me time to listen to downloaded CLEs, podcasts and lectures I wouldn't otherwise have time for. Last night I listened to a lecture by Rabbi Hershel Schachter, a prominent posek, on the Halachic Issues of Inheritance. The lecture is an introduction to the major halachic principles regarding wills and inheritance, including halachic estate distribution, whether and when wills are accepted in... Posted on July 21, 2009 at 09:26 am by Saul Elnadav

Rank This Week: 2926

Michigan Estate Planning

Covers estate planning issues for consumers. Published by Andy Richards of Smith Bovill P.C.

http://michiganestateplanning.blogspot.com/

Oct 13
The Tools Of Estate Planning - The Last Will and Testament

It is very common these days for third party advisors of every description (insurance advisors, accountants, church groups, foundation officers, brokers, etc.) to recommend a Will. Questions like "do you have a Will"; "have you updated your Will?" are frequently asked. While I agree that a Will is an important fundamental "tool" in the Estate Planning tool bag, I take a more contrary view. Misconceptions about Wills are the most common of all misunderstandings in this arena. I continue to be... Posted on October 13, 2009 at 05:42 am by Michigan Estate Planning
Jun 16
The Tools of Estate Planning - The Health Care Durable Power of Attorney

/**/ The Michigan Statute authorizing these specialized powers of attorney denominate them as "Healthcare Designations of Patient Advocate." The previous blog addressed Durable Powers of Attorney, the rationale behind them and the common law and statutory law authorizing them. The Designation of Patient Advocate is a special form of a Durable Power of Attorney which restricts itself to medical and health care issues. For purposes of this blog, I will refer to them as Medical or Health Care... Posted on June 16, 2009 at 02:57 pm by Michigan Estate Planning
Apr 11
The Tools of Estate Planning - The Durable Power of Attorney

This is the first in a series of Blogs on Estate Planning Tools. Estate Planning is a process. The documents we lawyers prepare for clients are the "tools" used to ensure that the process works. Some are basic tools that every client needs as part of their plan. Some are more sophisticated and reflect the clients' needs, desires, and special circumstances. Everyone Should have a General Durable Power of Attorney The General Durable Power of Attorney is one of the basic tools that should be in... Posted on April 11, 2009 at 05:36 am by Michigan Estate Planning

Rank This Week: 2933

Law Office of Donald D. Vanarelli...

Law Office of Donald D. Vanarelli Blog

Covers New Jersey elder law and estate planning.

http://www.dvanarelli.com/blog

Oct 7
Using an Annuity in a Veterans Benefits Estate Plan

Here is a unique idea from attorney/VA benefits estate planner Dale M. Krause on how a war-time veteran can reduce his or her net worth in order to attain eligibility for Veterans Improved Pension with either the Housebound or Aid and Attendance benefit supplement through the purchase of a Single-Premium Immediate Annuity, or SPIA: For those veterans looking for economic assistance to pay for home healthcare, assisted living, or nursing home care, they might want to investigate whether they are... Posted on October 7, 2009 at 09:01 pm by dvanar
Oct 6
NY Times Describes What Quality Nursing Home Care Looks Like

Each of us who have been forced to admit a loved one into a nursing home or care facility due to chronic long-term illness hopes and expects that he or she will receive good care there. But what does good long-term care look like? Would we recognize good care if we saw it? An interesting article recently published in the New York Times attempts to describe some of the characteristics of good care in nursing homes, as follows: Staff members who are well-trained in gerontology Sufficient aides to... Posted on October 6, 2009 at 09:15 pm by dvanar
Oct 4
Are Self-Employed Lawyers The Happiest? A Comprehensive Study (And Personal Experience) Says Yes

Recently, The Wall Street Journal and Carolyn Elefant at MyShingle.com reported on a landmark study by the Gallup Poll of 100,826 working adults which examined how occupation affects happiness. In the study, business owners outranked 10 other occupational groups on a composite measure of six criteria of contentment, including emotional and physical health, job satisfaction, healthy behavior, access to basic needs and self-reports of overall life quality. "Despite the recession, it still pays to... Posted on October 4, 2009 at 09:04 pm by dvanar

Rank This Week: 2954

The OC Estate Planning Blog

Covers estate planning issues in Orange County and the rest of California. By Brian Chew.

http://ocestateplanningblog.com

Sep 25
Why Your Child Should Not Inherit Large Sums of Money at 18

At age 18, your child is an adult by law and possesses newly acquired legal rights. One legal right is that your child is now allowed to inherit the full amount of whatever he or she is entitled to under your will or by intestacy laws. Whether it be a large savings account or life insurance, your adult child will inherit the entire lump sum. And by allowing your child to inherit this large sum of money at 18, you are giving them complete control over your money. This is an idea that should... Posted on September 25, 2009 at 04:08 pm
Sep 25
When Probate Can Be A Good Thing

For most people, avoiding probate is generally the better course to take in creating an estate plan. However, in rare instances probate may actually be the better course. Michael Jackson's estate seems to be one of these rare cases. One of the main benefits of probate is that the entire process is under court supervision. For most small to mid-sized estates, this may be an unnecessary and lengthy process. But conversely, where an estate is substantial in size and plagued with a long list of... Posted on September 25, 2009 at 04:05 pm
Aug 31
Unmarried and non-traditional couples need to do their estate planning

Many people who are in a committed partnership are at risk of passing their estate in a manner that does not suit their needs and desires. Due to outdated estate planning and probate laws, unmarried couples face a variety of issues that do not concern their married counterparts. These issues, in effect, often deny unmarried couples the important protections and benefits enjoyed by married couples. For example, these laws include a number of provisions that protect married persons by assuring... Posted on August 31, 2009 at 10:12 am

Rank This Week: 3014

Vancouver USA Law

Covers estate planning and elder law issues in Vancouver, Washington. By Rachel Brooks Mitchell.

http://vancouverusalaw.blogspot.com/

Sep 25
Words and Violence

This morning, after a court appearance in Olympia, I passed a newspaper box and read this headline in The Olympian: "Worker Killed at Cider Mill." The headline should have been "Abusive Ex-Boyfriend Hunts and Kills Worker at Cider Mill." It is a familiar but heart-breaking story, made more so by the detail that the victim's 77-year old boss tried to pull the killer away from her. The victim, Kay I. Langford, had left her reportedly-abusive boyfriend only weeks before. Domestic violence... Posted on September 25, 2009 at 12:52 pm by Rachel Brooks Mitchell
Aug 19
Where Judges Com From, Part 1

It is official: Judge Robert Harris will retire on December 31, 2009. The Columbian, "In our View," July 20, 2009. I don't know Judge Harris' personal feelings about retirement, but I can guess. You see, this is not a voluntary retirement. It is mandatory. In Washington State, Judges must retire by age 70. Washington is not alone - several other states and the UK have mandatory judicial retirement laws. Compulsory retirement doesn't make sense, especially in this day, when life expectancies are... Posted on August 19, 2009 at 03:10 pm by Rachel Brooks Mitchell
Jun 14
Elder Abuse Awareness Day

We don't have to tolerate elder abuse. June 15 is the annual World Elder Abuse Awareness Day. This is something we all ought to think about, and not just tomorrow. "Elder abuse" is a general term which includes financial abuse, neglect, sexual abuse, and physical abuse. As we grow older, we may become more vulnerable due to physical limitations, social isolation, and dementia. Sadly, the usual perpetrators of elder abuse are adult children. According to the National Center on Elder Abuse, more... Posted on June 14, 2009 at 03:31 pm by Rachel Brooks Mitchell

Rank This Week: 3016

Lancaster Law Blog

Covers business law, employment law, estate planning, family law, and nonprofit law information for Lancaster County and Pennsylvania residents. From Russell, Krafft & Gruber.

http://www.lancasterlawblog.com/

Nov 12
First-Time Homebuyer Tax Credit Extended Into 2010 and Now Available to Certain Existing Homeowners

In a previous post, the 2009 Homebuyer Credit Extension and Related Divorce Issues, and in a more recent post, I discussed a possible extension of the First-Time Homebuyer Tax Credit, which was applicable only to home purchases completed on or before November 30, 2009. Well, congress has indeed extended the credit into next year and also made it available to certain taxpayers who already own a home. For first time homebuyers, the credit is now applicable if the sales contract is fully executed... Posted on November 12, 2009 at 01:32 pm
Nov 4
Update on the COBRA Subsidy and When it Will End

We have posted on the 65% COBRA subsidy several times since the American Recovery and Reinvestment Act (ARRA) was enacted. ARRA provided for a premium subsidy for COBRA continuation health benefits to "assistance eligible individuals." Those individuals are defined as an employee or member of his/her family who is eligible for COBRA continuation coverage: 1) at any time between September 1, 2008 and December 31, 2009 2) elects COBRA coverage, and 3) is eligible for COBRA as a result of an... Posted on November 4, 2009 at 11:13 am
Nov 3
Extension Pending on First-Time Homebuyer Tax Credit

CNN is reporting that the Senate will likely extend the credit through April of 2010. In addition, they are also planning on adding a $6,500 credit for current homeowners who have lived in their current residence for at least five continuous years. If you are interested in learning more about the first time home-buyer tax credit refer to my previous blog posts 2009 First-Time Homebuyer Tax Credit and 2009 Home Buyer Credit Extension and Related Divorce Issues. Posted on November 3, 2009 at 11:45 am

Rank This Week: 3024

Estate Street

Covers probate and estate and tax planning. By Craig Hughes.

http://estatestreet.blogspot.com/

Sep 9
Will the Estate Tax Die on January 1, 2010?

Under the current Economic Growth and Tax Relief Reconciliation Act ("EGTRRA")if a person dies in 2009 with less than $3.5 million in their estate, their are no estate taxes. Well over 95% of U.S. citizens who die in 2009 will have less than $3.5 million in their name. Under EGTRRA, the estate of anyone who dies in 2010 will not be subject to estate taxes--regardless of how much their estate is worth. For example, if you had assets worth $100 million and died in 2010, your heirs would pay nada,... Posted on September 9, 2009 at 01:42 am by Hughes Estate Group Attorneys
Aug 6
Tax-exempt cosmetic surgery?

A religious broadcaster is building a $4 million home in a gated, lakefront community in western South Carolina at the same time that the ministry has cut jobs. stopped 401K matches, and reset thermostats to save money in its new headquarters. The network's CEO David Cerullo receives $1.5 million dollar salary and he is overseeing the building a of 9000-square-foot home overlooking Lake Keowee. South Carolina gave the operation $26 million in incentives to relocate from a neighboring state. It... Posted on August 6, 2009 at 08:00 am by Hughes Estate Group Attorneys
Aug 6
Get a Living Will

The Obamas have living wills and you should, too. You should also have powers of attorney as well. If you are in Utah and need help with these documents, contact us. H/T Death and Taxes blog. Posted on August 6, 2009 at 06:01 am by Hughes Estate Group Attorneys

Rank This Week: 3068

Los Angeles Estate Planning Blog

Covers estate planning and current developments in estate and gift tax law. By Daphna Bartal and Christopher R. Twining.

http://estateplanninglosangeles.blogspot.com/

Sep 2
Importance of Sharing Your Estate Plans with Others

My practice is always interesting. In my conservatorship cases ( cases where an elderly person either is unable to take care of their personal needs ( medical, housing, food, clothing, health etc) or their financial matters ( person cannot resist undue influence, or is unable to manage their financial affairs) I have recently come across some troubling situations. These cases illuminate why you should share your estate plan with those you intend to represent your estate as well as those who... Posted on September 2, 2009 at 04:21 pm by Christopher R. Twining, Esq.
Aug 7
Lessons from Michael Jackson's Death

What Lessons can even the poorest person learn from Michael Jackson's death? Answer: This is a prime example, for rich and poor alike, of one of the most important reasons to execute a last will and testament. Anyone who has minor children be they married, separated, divorced, never married etc., should take lesson. You can see from this copy of Michael Jackson's Last Will and Testament that he named his mother Katherine Jackson to be guardian of his children should he die before they were the... Posted on August 7, 2009 at 06:17 am by Christopher R. Twining, Esq.
Jul 28
What Happens to your Facebook When You Die or become incapacitated?

Do you need an online Estate Plan? What happens to your Facebook, Myspace, Linkedin, Twitter accounts and profiles when you die or become incapacitated? A recent Wall Street Journal Article suggests that everyone needs a separate plan to deal with online issues when you die or become incapacitated. Among the issues for your heirs that the article identifies are what can happen to online accounts where you traditionally do not receive monthly statements as well as the status of various trendy... Posted on July 28, 2009 at 11:52 am by Christopher R. Twining, Esq.

Rank This Week: 3093

Los Angeles Probate & Trust...

Los Angeles Probate & Trust Administration Blog

By Christopher R. Twining.

http://losangelesprobateandtrust.twininglaw.com/

Sep 2
My Advice to California fiduciaries

I am taking the occasion today to write a post to all those wood be fiduciaries out there. Fiduciaries include all those who serve as successor trustee, attorney-in-fact under a durable power of attorney for health care or financial matters, agent for healthcare, etc. Recently, I have become involved in quite a lot of litigation involving the potential financial abuse and or breach of fiduciary duty by a successor fiduciary. This can take the form of a petition to appoint or remove a successor... Posted on September 2, 2009 at 06:07 am by Christopher R. Twining, Esq.
Aug 7
What happens when a person dies without a will in California?

What happens when a person dies without a will in California? Answer: When a person dies without a will the person is referred to as having died intestate. . The dead person's property is then supposed to be divided according to the laws of intestacy. The laws of intestacy in California are found in the California Probate Code sections 6400 et. Seq. This also means that if the person who died, also known as the decedent, left any significant property, then a formal probate administration will... Posted on August 7, 2009 at 05:56 am by Christopher R. Twining, Esq.
Jun 18
A Common Myth About Revocable Living Trusts

/**/ As an Estate Planning Attorney, I often run into Myths people have about revocable living trusts. One of the most common ones is that nothing needs to be done when a grantor aka settlor dies. However, this is certainly not true. While a revocable living trust can help you avoid a full blown probate and its attendant intrusions into privacy, huge professional fees and duration, it does not mean that there is nothing to do upon the death of a settlor Among some of the things that usually... Posted on June 18, 2009 at 05:27 pm by Christopher R. Twining, Esq.

Rank This Week: 3097

Atlanta Estate Planning Lawyer...

Atlanta Estate Planning Lawyer Blog

Covers powers of attorney, trusts, wills, and health care directives. By The Adams Law Offices, LLC.

http://www.atlantaestateplanninglawyer.com/

Aug 28
ATLANTA, GEORGIA, FIDUCIARY LAWYERS SEE POWER OF ATTORNEY EXPLOITATION, MISUSE, AND ABUSE ON THE RISE – THIS IS ESPECIALLY TRUE WITH THE ELDERLY -- THERE IS LEGAL ACTION YOU CAN TAKE!

The Atlanta, Georgia, fiduciary and Estate Litigation lawyers have seen a striking increase in the exploitation of the elderly through powers of attorney. Make no mistake about it; abusing the fiduciary duty imposed under Georgia law for the holder of a power of attorney is tantamount to stealing. It is white-collar crime at its worst. Our Atlanta, Georgia breach of fiduciary duty lawyers have significant experience in rectifying the misuse and abuse of a power of attorney. Our Firm is also... Posted on August 28, 2009 at 10:13 pm by Duncan H. Adams
Aug 7
ATLANTA, GEORGIA, ELDER LAW, PROBATE, AND ESTATE LITIGATION LAWYERS -- BEST PRACTICE GUIDANCE TO PROTECT THOSE WHO CANNOT PROTECT THEMSELVES -- BAILEY V. EDMUNDSON CASE STUDY

Our Atlanta, Georgia, probate, estate, and fiduciary litigation law Firm has experienced a remarkable increase in the number of Georgia breach of fiduciary duty lawsuits we have litigated (or are presently litigating) over the past several years. Likewise, our wills, trusts, and estate attorneys have also seen a significant increase in the number of Georgia will contest lawsuits we have litigated (or are presently litigating). Perhaps the increase in Georgia breach of fiduciary duty and will... Posted on August 7, 2009 at 03:20 pm by Duncan H. Adams
Aug 1
ATLANTA, GEORGIA, WILLS, TRUSTS, AND ESTATE LITIGATION LAWYER: UNDUE INFLUENCE AND THE WILL CONTEST – BEST TO FIND OUT BEFORE IT IS TOO LATE

As an Atlanta, Georgia wills, trusts and estate litigation lawyer, I am often asked by potential clients to determine if any undue influence has occurred with respect to a Georgia will, trust, power of attorney; or, other legal document. Our Atlanta, Georgia probate and estate lawyers have pending will contest cases in Atlanta, Georgia (Fulton County) Decatur, Georgia (DeKalb County), Marietta, Georgia (Cobb County), Lawrenceville, Georgia (Gwinnett County) and Macon, Georgia (Bibb County). As... Posted on August 1, 2009 at 07:30 pm by Duncan H. Adams

Rank This Week: 3105

Massachusetts Elder Law Blog

Thoughts about law, aging, estate planning and special needs issues and related public policy concerns. By Sasha Golden.

http://massachusettselderlaw.blogspot.com/

Aug 26
Teddy

Every senior, every parent of a child with a disability, every advocate for seniors and every elder law attorney should stop today and say a prayer of gratitude for the life and advocacy of the man I've been proud to call my senator. He was the author of over 300 bills and the critical sponsor of countless others, whose topics included but are not limited to: Medicare S-Chip -- expanding health insurance coverage for children of the working poor Medicaid Meals on Wheels The Ryan White AIDS Act... Posted on August 26, 2009 at 03:01 am by E. Alexandra "Sasha" Golden
Aug 19
Does your assisted living facility have an evacuation plan?

Now here's good thinking -- the head of a retirement community where I practice has started up a mutual assistance program for assisted living facilities and nursing homes. 170 Massachusetts facilities have signed on to help each other take in residents and share resources in the event of fire, prolonged energy outage, flood, etc., etc. This idea can keep a lot of frail elders out of emergency rooms and Red Cross shelters during crises. So, when you are looking for a facility for yourself or a... Posted on August 19, 2009 at 02:16 pm by E. Alexandra "Sasha" Golden
Aug 18
On Social Security? No raise for you!

Ouch.... For the first time in over 30 years, Social Security will NOT be giving retirees a cost-of-living increase (COLA) for 2010. Most beneficiaries will not see a change in their Medicare Part B premiums; however, for about one-quarter of all beneficiaries, Medicare Part B premiums -- normally automatically deducted from your Social Security check -- will increase from the present $96.40 per month to an estimated $119 per month. It is also highly likely that Medicare D premiums for... Posted on August 18, 2009 at 03:14 am by E. Alexandra "Sasha" Golden

Rank This Week: 3113

San Diego Estate Planning Attorney...

San Diego Estate Planning Attorney Blog

Covers estate planning, probate, conservatorships and trusts. By Grossman Law Firm.

http://www.sandiegoestateplanningattorneyblog.com/

Aug 7
Choosing an Executor or Trustee: Lessons from Michael Jackson

Even the King of Pop's Estate has its money worries. As a San Diego Estate Planning and Probate Attorney, I have followed news coverage of Michael Jackson's estate closely. Administrators of Michael Jackson's Estate have recovered money from former advisors, and entered into merchandising and other deals in order to marshall assets to cover debts which total in the hundreds of millions of dollars. One of the core responsibilities of the executors or administrators of an estate is to inventory... Posted on August 7, 2009 at 03:35 pm by Audrey Grossman
Jul 3
Lessons from Aunt Mimi: Organize your information to help your loved ones.

I have learned many things from my Aunt Mimi: how to travel well, how to truly enjoy a nice glass of wine, an appreciation for great classical music. . . But one of the most valuable lessons she has taught me came after she was gone. I am a San Diego estate planning and probate lawyer and I have lots of experience advising clients regarding setting up wills and trusts, and administering probate estates and trusts. But when my Aunt Mimi passed away earlier this year, I was on the proverbial... Posted on July 3, 2009 at 03:14 pm by Audrey Grossman
Jun 12
10 Steps to Protecting Your Children With Your California Estate Plan

As a San Diego Estate Planning Attorney, I advise my clients that, if they have minor children, they MUST have an estate plan in place. period. A well-designed estate plan doesn't just state who will inherit your money and your belongings after you're gone. Most importantly, it will establish who will care for your children and how they will be provided for financially if you die or are unable to care for or provide for them due to illness or injury. Here are 10 simple elements of a... Posted on June 12, 2009 at 12:50 pm by Audrey Grossman

Rank This Week: 3154

The Legacy Lawyer

Covers estate planning and probate for San Diego families and legal professionals. By Daniel Printz.

http://thelegacylawyer.wordpress.com

Jul 9
Life Insurance to Cover Estate Expenses

One excellent use for life insurance in the area of estate planning is to cover estate expenses. Typically, even a small policy can aid here. The policy pays out on the decedent's death, and provides a quick lump-sum payment to heirs to fund many expenses, including: Estate, income, and capital gains taxes Real estate payments, such as [...] Posted on July 9, 2009 at 09:20 am by The Legacy Lawyer
Jul 7
Life Insurance and Small Estates / Young Families

I represent many young families. These are couples in their twenties to early forties with small children and small estates. Typically, they have no home or a home with limited equity. Their major concern, after nominating a guardian for their children, is how would the family cope financially if one of them were to die [...] Posted on July 7, 2009 at 12:03 pm by The Legacy Lawyer
Jul 7
Life Insurance and Estate Planning

I can't over-emphasize the importance life insurance can play in your estate plan! Often, a person or couple will delay buying life insurance until they feel they can better afford it. However, that's not wise. The older you get, the more expensive new life insurance policies become and the less insurable you become. At some point, [...] Posted on July 7, 2009 at 11:57 am by The Legacy Lawyer

Rank This Week: 3219

New York Probate & Estate...

New York Probate & Estate Litigation Blog

providing information about probate and estate law and litigation in New York. Published by Phillip M. Berstein, Attorney at Law.

http://www.nyprobatelitigation.com/

Oct 28
New Bills To Restore The Estate Tax In The Congressional Hopper

As reported today by fellow lawblogger Karen Meckstroth in her Bay Area Wills, Trusts And Probate Report Blog two Representatives have filed different bills to amend the Internal Revenue Code and to restore the estate tax which would otherwise terminate for one year in 2010. The bills proposed by Rep. Berkley (D.NY) and Rep. Schrader (D-OR) may each be viewed by clicking on the link provided by Ms. Meckstroth in her article. Both provide for an increase in the basic estate tax exemption to 5... Posted on October 28, 2009 at 04:11 pm
Oct 20
Martin Luther King Estate Is Finally Settled

More than forty years after the death of Martin Luther King Jr., his children have resolved a bitter dispute over his multi million dollar estate. As reported by Bruce Carton in an article posted on Legal Blog Watch today, the lawsuits and countersuits stemming from charges of misuse of estate funds and seeking control over various assets have been settled, the family seeking to move on and preserve the legacy of their late father. An interesting sidelight of the story is that the estate... Posted on October 20, 2009 at 03:19 pm
Oct 20
Court Leaves Door Open For Foreign Heir To Exercise Fiduciary Rights

Recently, your faithful lawblogger attended a seminar at the local bar association which was emceed by Nassau County Surrogate John Riordan. The surrogate took this opportunity to discuss the recently decided case of Schoeps v. Andrew Lloyd Webber Art Foundation which is reported at 884 NYS2d396. This First Department Appellate Division case is of interest on several levels. It deals with the attempt of a German national to recover a multi-million dollar Picasso painting which he alleged was... Posted on October 20, 2009 at 08:28 am

Rank This Week: 3287

Estate Tax Blog

Covers estate plans, probates, trust, business and elder law. By Jensen Law Office, PLLC.

http://www.jensenlaw.biz

May 11
Another Estate Tax Increase

President Obama is schedule to announce new tax increases today that will raise $60 Billion over the next 10 years. Although details are limited at this time, the Reuters article and the Wall Street Journal article make it clear that Obama is taping the estate tax as a way to pay for his health care initiative. The estate tax hike is described in the articles as closing "loop holes". It appears the "loop hole" in question is valuation discounts. The fact that valuation discounts may be the... Posted on May 11, 2009 at 11:51 am by Derek
May 8
Medical Care at the End-of-Life

Medical Care Immediately Prior to Death In the first half of the 20th century, most people who died had an accident or contracted a disease or they had a physical disorder that inevitably lead to death. Life-saving medical interventions such as sophisticated resuscitation, complicated surgeries, life-saving treatments, ventilators, feeding tubes and other life-support were rarely used or even available. Nowadays there is great emphasis on curing medical problems sometimes to the exclusion of... Posted on May 8, 2009 at 09:24 pm by Derek
May 6
Estate Planning: An overlooked Lifesaver

Lets face it, no one wants to talk about it. We'd much prefer not to think about it. And for the brave souls who reluctantly confront the reality of its certainty, most of them shift planning for it to that very uncertain time known as "someday." Figured it out yet? Well I'll tell you. Its Death. And while many of you reading this article may want to stop right here, I would encourage to you to stay with me on this just a little longer. First, lets dispel the myth so many people I meet seem to... Posted on May 6, 2009 at 08:34 pm by Derek

Rank This Week: 3290

Trust and Estate Attorney Blog

Provides estate planning advice. By Kenneth R. Haas.

http://kennethhaas.wordpress.com

Apr 12
ESTATE TAXES DURING THE OBAMA ADMINISTRATION

As you may not be aware, unless you are trying to keep up with Federal estate tax law for reasons that I cannot fathom, due to a quirk in the law, the Federal estate tax is due to be repealed next year. However, this may not seem to be as big news as you [...] Posted on April 12, 2009 at 05:48 pm by Kenneth Haas
Jan 28
PROBATE: TRUTHS AND MYTHS

Many estate planning practitioners, financial planners and television personalities discuss the virtues of having a "living trust" in the place of a Will in order to avoid the big bad process of probate. The calls that I get, as often as twice a week, are from clients or potential clients advising me of the [...] Posted on January 28, 2009 at 07:08 pm by kennethhaas
Dec 24
WHY DO I NEED A WILL? (Part 2)

As promised, I am following up with some of the specific reasons that having a Will is of utmost importance. Firstly, by having a Will that incorporates some basic estate tax planning techniques, an enormous amount of money can be saved. Federal estate taxes, for estates over $2,000,000.00, reach a 45% tax rate [...] Posted on December 24, 2008 at 06:02 pm by kennethhaas

Rank This Week: 3313

Engel Law Offices

Covers estate planning. By Todd Engel.

http://engelatty.wordpress.com

Mar 20
The audacity of people

I realize that the story I am about to share may not compare to the swindling that Bernie Madoff executed, but from my perspective it is actually worse. In today's Syracuse Post Standard, there was an article detailing the scheme conducted by Jerome Feldman involving those must vulnerable: families in need of a transplant. Allegedly, Feldman [...] Posted on March 20, 2009 at 06:04 am by engelatty
Feb 27
Equine Law: Am I Just Horsing Around?

One of my favorite areas of practice is my equine law specialty. No, I am not just horsing around! Since 1977, my family has owned and raced thoroughbred horses. We have been fortunate enough to race horses throughout North America and presently run horses at Aqueduct. We have raced at tracks from Oaklawn Park to [...] Posted on February 27, 2009 at 08:13 am by engelatty
Feb 16
Legal Planning in a Different Economy

When I look around my community, I see a totally new and evolving economic paradigm. Sure there are layoffs everywhere. Circuit City closes and there are 30,000 fewer jobs. Magna may close their local plant eliminating what at its height was 8,000 jobs in the automobile industry. Five years ago, who would have ever [...] Posted on February 16, 2009 at 10:20 am by engelatty

Rank This Week: 3336

Florida Special Needs Law Blog

Providing insight and commentary on SSI, special needs trusts, and Medicaid.

http://www.floridaspecialneedslaw.com/

Mar 5
Disability Savings Accounts - H.R. 1205

Congratulations and a big thank you to our Florida Congressmen, Ander Crenshaw and Kendrick Meek, who have introduced legislation to allow families to plan for their loved ones with some significant tax saings. Information on the bill follows. To see the bill in its entirety, click on H.R. 1205. Disability Savings Accounts The bipartisan Achieving a Better Life Experience Act of 2009 (ABLE Act), H.R.1205/S. 493, was introduced in both the House and Senate on February 26. The bills would allow... Posted on March 5, 2009 at 11:03 pm
Feb 14
Florida Special Needs Trusts

Special Needs Trusts in Florida and around the nation will be impacted by the new POMS on Special Needs Trusts issued in January. The March meeting of the Academy of Special Needs Planners will have top experts discussing the changes, and other important information on Special Needs Trusts. If you are an attorney, plan to attend. You can register at the Academy's website, [www.specialneedsplanners.com]. Posted on February 14, 2009 at 09:04 pm
Feb 14
New POMS on Special Needs Trusts

The Social Security Administration published new POMS, the staff operating manual, on Special Needs Trusts. As Chair fo the Special Needs Trust Committee of the Florida Bar's Elder Law Section, I have set a meeting to review the new POMS in detail for March 19th, in Tampa. Here's a "CLEAN COPY" of the new 2009 POMS on Trusts. I also prepared a word-by-word analysis of the 2009 changes from the original 2001 POMS. Deletions are indicated by striking through the word, and additions by... Posted on February 14, 2009 at 03:29 pm

Rank This Week: 3342

Green Bay Wills, Trusts &...

Green Bay Wills, Trusts & Estate Planning

Provides articles, tips and videos on Wisconsin wills, trusts, estate planning and asset protection issues. By Kevin Davidson.

http://greenbayestatesattorney.blogspot.com/

Jan 26
Four Key Documents For Family Security

This 1 minute informational video by Green Bay Wisconsin wills, trusts and estate planning lawyer Kevin Davidson discusses four essential estate planning documents to ensure guardianship of minor children, to protect and pass assets without interference of probate, to ensure appropriate medical decisions in the event of incapacity, and to ensure timely administration of financial matters in the event of incapacity. The four documents discussed as essential to protecting your family and estate... Posted on January 26, 2009 at 09:32 am by Attorney Kevin W Davidson
Jan 17
When Do It Yourself Asset Protection Goes Wrong

With tough times come desperate actions. Individuals and businesses will sometimes take steps in order to protect some of their assets from potential liabilities and/or creditors. Asset protection planning is nothing new, and, if done right by an experienced professional can be legal, ethical and provide the desired security. The Courts, however, are none too pleased to see people playing shell games solely for the sake of hiding an asset. There is a whole set of Federal and State statutes... Posted on January 17, 2009 at 09:39 am by Attorney Kevin W Davidson
Jan 14
5 Legal Documents That You MUST HAVE.

Thanks to colleague Alexis Martin Neely for bringing much needed publicity to this important message that estate planning attorneys are quietly trumpeting every day.See the CNBC On The Money Segment, featuring Alexis, here: [www.youtube.com]The bottom line is YOU NEED to put these documents in place to protect you and your family. In Wisconsin, they are:1. Appointment of Guardian for Minor Children2. Last Will & Testament3. Revocable Trust4. Power of Attorney for Finances and Property... Posted on January 14, 2009 at 01:47 am by Attorney Kevin W Davidson

Rank This Week: 3371

Pennsylvania Trusts and Estates...

Pennsylvania Trusts and Estates Blog

Covers estate administration, estate planning, IRAs, trusts, wills, and probate news. Published By Spencer Law Firm.

http://www.pennsylvaniatrustsandestates.com/

Dec 9
Should you have a Marriage Contract?

A little boy asked his father, "Daddy, how much does it cost to get married?" And the father replied, "I don't know, son, I'm still paying for it." Should you have a marriage contract? It's a misleading question, as pointed out by the National Resource Center for Consumers of Legal Services. The fact is, if you're married, you already have a marriage contract. Your marriage contract consists of the obligations imposed on married couples by the inheritance and domestic relations laws of the... Posted on December 9, 2008 at 03:04 am
Nov 27
Talking Turkey About Death

Check out Turkey, Football, and End-of-Life Desires at Wills,Trusts and Estates Prof Blog which discusses Engage with Grace and the one slide project to make sure your loved ones express their wishes about terminal care: Posted on November 27, 2008 at 07:11 pm
Nov 26
Thanksgiving Dinner and Your Estate Plan

The family will be together. Its a great time to talk about your estate plan. Some families talk about estate distribution all the time. Some families never breathe a word about it. Here are some thoughts for you to consider: Should your estate plan remain private while you are alive? It's nobody's business but yours, right? Or, should you share your estate plan with your family members so they know what's coming down the road once you buy the farm? The following points are made by David Cay... Posted on November 26, 2008 at 07:08 pm

Rank This Week: 3395

Illinois Estate Planning &...

Illinois Estate Planning & Elder Law Blog

Covers Illinois estate planning, real estate and trusts. By Wilson & Wilson.

http://www.illinoisestateplanningandelderlawblog.com/

Nov 21
Serve Up a Good time

I recently came upon this quote by Jonathan Adler, an interior designer, "There is only one game to play at Thanksgiving, and that's Ping-Pong. It's perfection - my favorite way to work off that pumpkin pie." These are my sentiments exactly. This clip from You Tube features players who are about as good as I've ever seen. I hope they happen to be neighbors of my brother who lives in Kentucky and who is hosting my family's Thanksgiving Dinner this year. I'd love to have a game or two with them.... Posted on November 21, 2008 at 09:38 pm by Anne Rabuck
Nov 6
Letters of Guidance for Illinois Estate Planners

It is sometimes the little things that count for a great deal where estate planning is involved. A recent Wall Street Journal article by Rachel Emma Silverman titled "An Estate Plan Built for Special Needs" has this to say about the importance of attention to detail regarding the creation of a guidance letter to be included among the estate planning documents for an individual with special needs: "It's also smart to create a 'letter of guidance', a document spelling out everything another... Posted on November 6, 2008 at 04:58 pm by Anne Rabuck
Oct 20
Illinois Special Needs Trusts

Special Needs Trusts allow a disabled individual to receive lawsuit settlements, gifts and other funds while retaining eligibility for government programs. They are designed not to provide basic support, but to pay for things like education, recreation, counseling and medical attention. Special needs can include medical and dental expenses, special equipment (such as vans for the disabled), training and education, insurance, transportation, special dietary needs, spending money, electronic... Posted on October 20, 2008 at 08:17 pm by Anne Rabuck

Rank This Week: 3402

Florida Estate Planning Blog

By Stokes McMillan Maracini & Antúnez.

http://estateplanning.smpalaw.com/

Aug 1
Bergquist v. Commissioner: Not Quite What These Doctors Ordered

In Bergquist v. Commissioner, the Tax Court came down hard on a group of doctors who attempted (quite unsuccessfully) to obtain significant charitable deductions on their income tax returns in connection with the consolidation of their medical practice group with a larger entity. The Facts The petitioners, a group of several anesthesiologists, practiced medicine as employees and as stockholders in University Anesthesiologists, P.C. ("UA"). Through UA, the petitioners provided medical services... Posted on August 1, 2008 at 02:55 pm
Jul 31
Another FLP Fact Pattern: Holman v. Commissioner

In Holman v. Commissioner, the latest family limited partnership (FLP) case to go before the Tax Court, victories were had on behalf of both the taxpayer and the IRS. After all was said and done, the Tax Court increased the value of the taxpayer's gifts of FLP units to his children because the FLP's restrictions on the transferability of the children's interests did not serve a "bona fide business purpose" (victory for the IRS), but at the same time the Tax Court rejected the IRS' argument that... Posted on July 31, 2008 at 02:58 pm
Oct 23
Personal Injury Settlement Proceeds: Special Concerns When Dealing with Special Needs Children

In Estate of Hicks, the Tax Court permitted the estate of a special needs child to deduct a loan made by the child's parent to a non-special needs trust established for the benefit of the child as part of a transaction intended to preserve the child's future Medicaid eligibility. Here is how the case unfolded: The child, Kimberly Hicks, along with her mother and sister, was involved in a horrific car accident when a train collided with the family's car. Kimberly, who was only three years old at... Posted on October 23, 2007 at 10:51 pm