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Florida Probate Lawyer Blog

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

http://www.florida-probate-lawyer.com/probate

Jan 24
Ownership of Safe Deposit Box Content

Ownership of Safe Deposit Box Content

Who owns the contents of a safe-deposit box when two people are on the box and one dies? The answer may depend on what is specifically provided in the lease or rental agreement with the bank. In other words, does the bank have a written…
Jan 9
Due Process, Death and Taxe

Due Process, Death and Taxe

I have written extensively about the application of the due process requirements under both the Florida and United States Constitutions in previous blogs and cannot resist touching upon a recent opinion in a state court case applying federal…
Dec 27
Trust Revocation: No Magic Art is Necessary

Trust Revocation: No Magic Art is Necessary

The Uniform Trust Code §602(c) provides that a settlor may revoke or amend a revocable trust by substantial compliance with a method provided in the terms of the trust or by any method manifesting clear and convincing evidence of the…

Rank this Week: 1278

Blog – Ginsberg Shulman, PL

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

https://www.ginsbergshulman.com/blog/

Nov 14
David Shulman’s November 2016 appearance on Ask The Expert

David Shulman’s November 2016 appearance on Ask The Expert

Here is my November 2016 appearance on the Ask the Experts radio show. The post David Shulman’s November 2016 appearance on Ask The Experts appeared first on Ginsberg Shulman, PL.
Nov 13
David Shulman’s October Appearance on “Ask The Experts”

David Shulman’s October Appearance on “Ask The Experts”

Attached is my October appearance on the Ask the Experts Radio show, where I talk about estate planning, probate, guardianship, elder law, tax, and other related topics. The post David Shulman’s October Appearance on “Ask The…
Oct 2
Senior Partner Jill Ginsberg appears on the Fort Lauderdale Eldercare Channel

Senior Partner Jill Ginsberg appears on the Fort Lauderdale Eldercare Channel

I am not the only one who does media interviews. My partner, Jill Ginsberg, recently appeared on the Fort Lauderdale Eldercare Channel, where she talked about herself, our practice, elder law, and why and how someone might need to hire…

Rank this Week: 1103

Fiduciary Folio

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

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

Feb 19
Avvo Q&A: "Can dad put me on the deed?"

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

I will begin syndicating the responses I give to certain estate and probate questions posted on the advice website Avvo. We begin with a question regarding estate planning. I'll place the question here and then my answer after the "read…
Feb 17
A "power of appointment" - what is that?

A "power of appointment" - what is that?

The Georgia Supreme Court recently handed down the case of Smith v. Ashford (full text below the break), in which it dealt with a testator's use of a "power of appointment."What is a power of appointment? In estate-planning parlance, a…
Jul 6
Myers v. Myers: Executor may not run estate as his personal busine

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

The Georgia Supreme Court handed down the probate case of Myers, Executor v. Myers, today. In some ways, the case is an unremarkable example of an executor using an estate as a cash cow for his personal expenditures and, among other…

Rank this Week: 1308

New York Personal Injury Lawyer…

New York Personal Injury Lawyer Blog

Covers personal injury law. By the Law Offices of Stephen Bilkis & Associates.

http://www.newyorkinjurylawyer247blog.com/

Sep 22
Supreme Court, Bronx County

Supreme Court, Bronx County

A Bronx Estate Litigation Lawyer said that, defendant-appellant moved pursuant to CPLR 510(1) to change the venue of the instant matter from Bronx County to Westchester County more than three years after the commencement of the action and…
Sep 22
Supreme Court, Bronx County

Supreme Court, Bronx County

A Bronx Estate Litigation Lawyer said that, defendant-appellant moved pursuant to CPLR 510(1) to change the venue of the instant matter from Bronx County to Westchester County more than three years after the commencement of the action and…
Sep 22
Supreme Court, Bronx County

Supreme Court, Bronx County

A Bronx Estate Litigation Lawyer said that, defendant-appellant moved pursuant to CPLR 510(1) to change the venue of the instant matter from Bronx County to Westchester County more than three years after the commencement of the action and…

Rank this Week: 1128

Elder Law Office of David Wingate,…

Elder Law Office of David Wingate, LLC

Covers elder law, assisted living facilities, estate planning, and nursing homes.

http://blog.davidwingate.com/

Mar 8
Heckerling Institute on Estate Planning - 2015 What Will Happen? (Contd)

Heckerling Institute on Estate Planning - 2015 What Will Happen? (Contd)

Related proposals pertaining to qualified plans and individual retirement accounts. In addition, the Green Book includes the following proposals that pertain to qualified plans and IRAs: A limit on the total accrual of retirement benefits by…
Mar 7
Heckerling Institute on Estate Planning - 2015 What Will Happen? (Contd)

Heckerling Institute on Estate Planning - 2015 What Will Happen? (Contd)

Sales, exchanges and “comparable transactions” with grantor trusts. The Obama Administration would attempt to address the disconnect between the income tax rules and the estate tax rules that apply to intentionally defective grantor…
Mar 7
Social Security Ups Disability Safeguard

Social Security Ups Disability Safeguard

The Social Security Administration is expanding a program nationally to help bar criminals from controlling benefits on behalf of individuals with disabilities and the elderly. The program originally launched as a pilot in the…

Rank this Week: 1385

Swinton Elder Law & Family…

Swinton Elder Law & Family Protection Blog

Covers New Jersey estate planning and elder law issues. By Daniel S. Swinton.

http://swintonlaw.blogspot.com/

Oct 7
Policy Experts Agree: The U.S. System for…

Policy Experts Agree: The U.S. System for Financing Long-Term Care is CrumblingAccording to Forbes.com: "America’s system for financing long-term care is failing, and the window for creating a payment system that works is rapidly…
Jul 12
Bankruptcy Trustee Is Entitled to Funds…

Bankruptcy Trustee Is Entitled to Funds Transferred in Order to Qualify for MedicaidThe following article serves as a warning about do-it-yourself estate planning. An effective technique of protecting assets from nursing homes and long…
Sep 27
How Gifts Can Affect Medicaid Eligibility

How Gifts Can Affect Medicaid Eligibility

. We’ve all heard that it’s better to give than to receive, but if you think you might someday want to apply for Medicaid long-term care benefits, you need to be careful because giving away money or property can interfere with your…

Rank this Week: 988

California Tax Attorney Blog

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

http://www.californiataxattorneyblog.com/

Sep 2
Test Entry

Test Entry

Testing schedule feature
Aug 30
For Federal Tax Purposes, All Legal Same-Sex Marriages Will Be Recognized

For Federal Tax Purposes, All Legal Same-Sex Marriages Will Be Recognized

The U.S. Department of the Treasury and the Internal Revenue Service (IRS) ruled yesterday that same-sex couples, legally married in jurisdictions that recognize their marriages, will be treated as married for federal tax purposes. The ruling…
Aug 30
For Federal Tax Purposes, All Legal Same-Sex Marriages Will Be Recognized

For Federal Tax Purposes, All Legal Same-Sex Marriages Will Be Recognized

The U.S. Department of the Treasury and the Internal Revenue Service (IRS) ruled yesterday that same-sex couples, legally married in jurisdictions that recognize their marriages, will be treated as married for federal tax purposes. The ruling…

Rank this Week: 1263

New Jersey Estate Planning &…

New Jersey Estate Planning & Elder Law Blog

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

http://www.njelderlawestateplanning.com/

Apr 2
Love is Lost - And So is Your Inheritance - Divorce Really Ends Thing

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

A common plan among our married clients is to leave their property to their spouse, either outright or in trust - oft-referred to as the “I Love You” Will. Sometimes, love is lost and the couple divorces. We recommend our clients…
Mar 25
Personal Injury Damages and Medicaid Liens - SCOTUS Decide

Personal Injury Damages and Medicaid Liens - SCOTUS Decide

You have a horrific accident and are looking at a life of extreme medical care. The accident was caused by another person (drunk truck driver). You get a multi-million dollar award. Does the state that you live in get a…
Mar 19
Four Good (?) Reasons to Contest a Will

Four Good (?) Reasons to Contest a Will

Maybe it's the season, but I have gotten a lot of calls recently about will contests. A will contest usually happens when your heirs are surprised by what your will says, or by what you have left when you go to the great beyond. I…

Rank this Week: 1268

Family Fortress Estate Planning…

Family Fortress Estate Planning Blog

Covers Colorado estate planning and elder law. By Schlender & Stone.

http://www.schlenderlaw.com/blog

Jul 30
Living on the Edge: Small Business Owners and Retirement

Living on the Edge: Small Business Owners and Retirement

Do you feel comfortable with your retirement plan? If you’re a small business owner the answer to that question is probably no. In fact, according to this report by Jules H.
Jul 30
Living on the Edge: Small Business Owners and Retirement

Living on the Edge: Small Business Owners and Retirement

Do you feel comfortable with your retirement plan? If you’re a small business owner the answer to that question is probably no. In fact, according to this report by Jules H.
Jul 28
Not Just Estate Tax Anymore

Not Just Estate Tax Anymore

Anyone who has been following our blog knows that the expiring Bush tax cuts (including the repeal of the estate tax this year and the tax’s reinstatement next year) have given lawmakers no end of trouble as they struggle and debate—and…

Rank this Week: 1168

Hull & Hull LLP Blog

Covers trusts and estate planning.

https://hullandhull.com/feed/

Oct 18
A New Way to Prevent Elder Abuse

A New Way to Prevent Elder Abuse

Elder financial abuse is a growing concern. What is being done in Ontario to prevent it? I recently came across a new service called Estate Protect which acts as a registry and fraud monitoring service for important estate documents,…
Oct 18
Personalized medicine – just a cheek swab away

Personalized medicine – just a cheek swab away

Other than the last name of Denis Shapovalov (Canada’s newest rising tennis star), one of the most difficult pronunciations I’ve come across lately is pharmacogenomics – a form of personalized medicine that could be a…
Oct 17
Hull on Estates #531 – Beneficiary Designations for Insurance Policie

Hull on Estates #531 – Beneficiary Designations for Insurance Policie

Today on Hull on Estates, Natalia Angelini and Rebecca Rauws discuss the decision in Sun Life v Nelson Estate, 2017 ONCA 4987, and beneficiary designations for insurance policies. Should you have any questions, please email us…

Rank this Week: 2206

Massachusetts Estate Planning,…

Massachusetts Estate Planning, Probate & Elder Law

Features a blend of common sense info for clients and family caregivers and in-depth probate, tax and Medicaid analysis for lawyers & CPAs. By Brian E. Barreira.

http://elderlaw.info/

Oct 18
In the 2017 Case of Ajemian v. Yahoo! Inc., the Supreme Judicial Court of Massachusetts Wastes Everybody’s Time Ruling that an Estate May, Possibly, Have Legal Access to the Decedent’s Email Account

In the 2017 Case of Ajemian v. Yahoo! Inc., the Supreme Judicial Court of Massachusetts Wastes Everybody’s Time Ruling that an Estate May, Possibly, Have Legal Access to the Decedent’s Email Account

In the 2017 case of Ajemian v. Yahoo!, Inc. the Supreme Judicial Court of Massachusetts (“SJC”) has decided that federal law does not prohibit an internet service provider from voluntarily disclosing the contents…
Oct 13
When Can the Trustee of a Revocable Trust in Massachusetts Make Distributions to the Beneficiaries without Incurring Personal Liability to the Deceased Settlor’s Creditors?

When Can the Trustee of a Revocable Trust in Massachusetts Make Distributions to the Beneficiaries without Incurring Personal Liability to the Deceased Settlor’s Creditors?

An impatient trust beneficiary is one of my cases began demanding distributions from the decedent’s revocable trust within a month of the settlor’s death. The Trustee has no problem making the earliest possible distributions, as…
Oct 4
Must Both Spouses Always Cooperate When There Is a MassHealth Application for One of Them?

Must Both Spouses Always Cooperate When There Is a MassHealth Application for One of Them?

Under Massachusetts law, it is clear that spouses are financially responsible for each other’s necessaries, which would include nursing home care. Under Massachusetts General Laws, Chapter 209, Section 1, “both spouses shall…

Rank this Week: 2219

Northern Kentucky Lawyer Blog

Covers personal injury and accidents, DUI, criminal defense, bank side bankruptcy cases, creditors' rights, divorce and family custody, and estate planning. By Fessler Schneider & Grimme.

http://www.fsgattorneys.com/blog

Oct 18
Family Attorneys in Ft. Thomas KY

Family Attorneys in Ft. Thomas KY

As the holidays approach, uncomfortable discussions about where and with whom the children will spend the time arise. When you are facing serious illness, you have questions about who will handle your personal and business affairs. As…
Oct 12
Kentucky Personal Injury Attorney Honored

Kentucky Personal Injury Attorney Honored

David F. Fessler has been honored by the American Institute of Personal Injury Attorneys as one of the top 10 Personal Injury Attorneys in Kentucky for “Exceptional and Outstanding Client Service.” This honor is very gratifying…
Oct 4
Personal Injury Attorneys in Kentucky and Ohio

Personal Injury Attorneys in Kentucky and Ohio

No one wants to be the person or people in the car in this picture. Unfortunately, with over 200 million drivers on the roads in the United States, it is quite possible you could be hit by another driver. In Kentucky, as in most…

Rank this Week: 1607

Western New York Elder Law Blog

Covers New York estate planning, probate, elder law and health care issues. By Dutcher & Zatkowsky.

http://www.dutcher-zatkowsky.com

Oct 17
Celebrating National Healthcare Quality Week

Celebrating National Healthcare Quality Week

It’s estimated that one in 25 hospitalized patients will acquire an infection. This is a frightening statistic, especially when coupled with the fact that many of these could be antibiotic-resistant “superbugs.” This…
Oct 12
Take The Stress Out Of Estate Planning

Take The Stress Out Of Estate Planning

When people think of estate planning, they tend to want to run the other way and shut down the conversation. Miles Zatkowsky, a Rochester Elder Law Attorney, understands this and he and his legal team work with individuals to take the fear…
Oct 9
National Caregiver’s Month: How To Navigate Long-Distance Caregiving

National Caregiver’s Month: How To Navigate Long-Distance Caregiving

Whether families move away for work, school or other opportunities, it’s estimated that more than ten percent of family caregivers live at least an hour away from their aging loved ones. These long-distance caregivers face many of the…

Rank this Week: 2218

DeWitt Law Firm, PLLC Blog

Covers estate planning, elder law, and probate.

http://www.dewittlawar.com/blog

Oct 15
Rampant Risks of Not Planning!

Rampant Risks of Not Planning!

This is just a partial list of what you risk by not planning… You stand to lose your autonomy as a person and be put into the hands of Adult Protective Services or somebody else that you don’t desire You put your family’s…
Oct 15
Trusts Are Not Just For The Well Heeled

Trusts Are Not Just For The Well Heeled

Trusts are not just for the wealthy. In a nutshell, a trust is a legal arrangement that allows an individual to place his assets such as shares, money and property such that an appointed person or trustee can manage and administer them for…
Oct 8
Can a sibling who is executor of parents will legally omit another sibling from their inheritance?

Can a sibling who is executor of parents will legally omit another sibling from their inheritance?

The Executor must make distributions as stated in the Will. The Executor cannot change the Will. Read more here: https://answers.justia.com/question/2017/10/07/can-a-sibling-who-is-executor-of-parents-329444 The post Can a sibling who…

Rank this Week: 2033

Redlands Veterans' Affairs…

Redlands Veterans' Affairs Attorney Blog

Covers estate planning and elder law. By Esther Wang.

http://www.california-elder-law.com/blog/

Oct 14
Long-term disability insurance offers security, peace of mind

Long-term disability insurance offers security, peace of mind

In a survey conducted by a trade association, 65 percent of those who responded said they thought most people should have disability insurance. Only 48 percent thought they themselves needed it, though, and only 20 percent actually had it.…
Oct 13
Advice for principals considering powers of attorney

Advice for principals considering powers of attorney

California residents who are considering how their estates will be managed if they become incapacitated might want to execute a power of attorney. An individual, called the principal, creates this document to designate a trusted party, called…
Oct 7
Veterans' benefits and estate planning

Veterans' benefits and estate planning

California veterans and their spouses may have unique estate planning considerations. This is particularly true if they have children, who themselves may be entitled to certain benefits based on a parent's military service.The issue of…

Rank this Week: 1517

Hook Law Center Blog

Covers elder law and estate planning in Virginia.

https://www.hooklawcenter.com/blog/

Oct 13
New Medicare Cards Coming Soon

New Medicare Cards Coming Soon

Between April 2018 and April 2019, Medicare will be issuing new Medicare cards to all of its beneficiaries, approximately 60 million Americans, in an effort to cut down on identity theft and fraud. Instead of using Social Security Numbers to…
Oct 9
Protecting Public Benefits from Child Support Payment

Protecting Public Benefits from Child Support Payment

The majority of us know that a parent has a duty to support his or her minor children, and that the law presumes that upon reaching majority, a child is capable of self-support. Very few people understand that the responsibilities of a parent…
Sep 29
Assuring an Inheritance for your Heir

Assuring an Inheritance for your Heir

Many of our clients come to us primarily for estate planning. They are interested in making sure that their assets are distributed to their beneficiaries in the amounts and in the manner that they want. For many of our clients, that means…

Rank this Week: 1801

Connecticut Estate Planning…

Connecticut Estate Planning Attorneys Blog

Covers estate planning. By CzepigaDalyPope LLC.

http://www.czepigalaw.com/blog/

Oct 13
Beneficiary Designations: Don’t Wait Any Longer

Beneficiary Designations: Don’t Wait Any Longer

Assigning and updating beneficiary designations for your retirement plans, life insurance policies, and annuities are tasks that notoriously get ignored. While the process itself is usually pretty straightforward — putting…
Sep 28
Capital Gains and Protecting Your Home – What You Need to Know

Capital Gains and Protecting Your Home – What You Need to Know

Most people are aware that there are steps you should consider to protect your assets from being liquidated to pay for long-term care. And to protect your heirs from the burden of heavy estate taxes upon your passing. However, are you aware…
Sep 20
When a Spouse Dies: 1 Reason You Must File With the Probate Court

When a Spouse Dies: 1 Reason You Must File With the Probate Court

By Peter J. Smith Your spouse just passed away, and everything your spouse owned had a joint or beneficiary designation. All of your spouse’s assets go to you without having to go through probate first. End of story, right? Not…

Rank this Week: 1461

New York Probate and Estate…

New York Probate and Estate Administration Blog

Published by Stephen Bilkis & Associates

http://www.newyorkprobateestateadministration.com/

Oct 11
The Matter of West

The Matter of West

NY Slip Op 01314 February 21, 2017 On October 19, 2015, the Surrogates Court entered a will into probate. The court granted the respondent’s motion for summary judgment. Continue reading
Sep 20
Court Decides if Signature on Will is Proper

Court Decides if Signature on Will is Proper

A New York Probate Lawyer said that, in this contested probate proceeding, the Court determines that the propounded instrument was not executed as required by Decedent Estate Law, § 21. This statute requires by subdivision 2 thereof,…
Sep 16
Petitioner Seeks to Revoke Letters of Administration

Petitioner Seeks to Revoke Letters of Administration

In this miscellaneous proceeding, the respondent, administrator de bonis non, moves to dismiss the petition by two alleged creditors for revocation of his letters pursuant to CPLR 3211 (a) (2) and (3). A New York Probate Lawyer said that the…

Rank this Week: 1902

Palm Springs Tax and Trust Lawyers

Covers estate tax and trust administration issues. By Sanger & Manes.

http://www.palmspringstaxandtrustlawyers.com/

Oct 8
FREQUENTLY ASKED QUESTIONS: California Residency Rule

FREQUENTLY ASKED QUESTIONS: California Residency Rule

Sanger & Manes has decades of experience in advising clients on California residency law, handling residency audits, assisting businesses relocate out of California, and appealing residency determinations. Based on this experience, we…
Sep 15
LEAVING CALIFORNIA – Relocating Your Business Out of State

LEAVING CALIFORNIA – Relocating Your Business Out of State

In cases where a taxpayer owns numerous entities and some of the income derives from service contracts between the entities or owner, especially where e-commerce is the company's major source of income, some strategic use of out-of-state…
Sep 1
GUIDELINES FOR DETERMINING CALIFORNIA RESIDENCY: A Primer for Serious Snowbird

GUIDELINES FOR DETERMINING CALIFORNIA RESIDENCY: A Primer for Serious Snowbird

Let’s go over the basics of California residency taxation. They can be brutal. How Residents and Nonresidents Are Taxed California residents are subject to California state income tax on all income regardless where earned.…

Rank this Week: 1938

Texas Wills and Trusts Law Online

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

http://www.texaswillsandtrustslaw.com

Oct 4
When Can a Financial Institution Reject a Durable Power of Attorney in Texas?

When Can a Financial Institution Reject a Durable Power of Attorney in Texas?

E&ffective September 1, 2017, a person to whom a durable power of attorney is presented must accept a durable power of attorney except unless: The person is not otherwise required to engage in a transaction with the principal under…
Sep 27
Recent Changes to Durable Power of Attorney Statute

Recent Changes to Durable Power of Attorney Statute

The legislature made several beneficial changes to the Durable Powers of Attorney statute that went into effect on September 1, 2017. Below are a few of the most significant changes: Prior to September 1, 2017, financial institutions…
Sep 13
Must Financial Instidutions Accept a Durable Power of Attorney?

Must Financial Instidutions Accept a Durable Power of Attorney?

<span class=”dropcap”>B</span>efore September 1, 2017, financial institutions routinely rejected durable powers of attorney for a multitude of reasons. A colleague once told me that a bank rejected her…

Rank this Week: 2253

Wealth Law Blog

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

http://samuelslaw.com/blog/

Oct 2
Hands-Free Really Means Just That: Oregon Stiffens Ban on Distracted Driving

Hands-Free Really Means Just That: Oregon Stiffens Ban on Distracted Driving

Oregon had allowed limited use of smart phones while driving, but beginning October 1, it is now illegal for drivers to use or hold an electronic mobile device. You are allowed a single touch or swipe to activate or deactivate a device or…
Sep 18
2017 Chambers High Net Worth Again Recognizes SYK & Two of Our Partner

2017 Chambers High Net Worth Again Recognizes SYK & Two of Our Partner

Friday, Chambers and Partners released their annual rankings for their Chambers High Net Worth publication. Chambers HNW is objective, independent and research-based; the guide recognizes the world’s leading high net worth advisers. The…
Aug 17
Six Attorneys Recognized by Best Lawyers in America 2018

Six Attorneys Recognized by Best Lawyers in America 2018

Congratulations to the Samuels Yoelin Kantor LLP attorneys recognized by Best Lawyers in America 2018 – including one “Lawyer of the Year.” Bob Banks, Victoria Blachly, Chris Costantino, Stephen Kantor, Van White, and Eric…

Rank this Week: 2053

Provides news and views on current topics in elder law, estate planning, wills and trusts, caregiver issues, probate and estate administration, Medicaid and Veterans benefits, other issues of importance to seniors and their families. By Joseph S. Karp.

http://karplaw.blogspot.com/

Oct 1
Cats Inherit Enough to Last Nine Live

Cats Inherit Enough to Last Nine Live

Thanks to their devoted late owner, two cats have more than enough money to last their nine lives. New York resident Ellen Frey-Router died in 2015 at age 88. Her will specified that $300,000 of her approximately $3 million estate was to…
Sep 24
Funnyman Jerry Lewis' will no laughing matter for children from first marriage

Funnyman Jerry Lewis' will no laughing matter for children from first marriage

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Sep 15
Reverse Mortgage Borrowers Face New Rules Effective October 2, 2017

Reverse Mortgage Borrowers Face New Rules Effective October 2, 2017

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Rank this Week: 1765

Estate Planning in California

By the Law Offices of Shahram Miri, Inc.

http://calestateplanning.blogspot.com/

Sep 29
Breach of Fiduciary Duty

Breach of Fiduciary Duty

A typical arrangement involving a marital trust is for a child to serve as the successor trustee and be a beneficiary. That is, once both parents have passed away, the child steps into the role of trustee and their beneficial interest vests.…
Aug 24
Probate Fee

Probate Fee

An attorney's ordinary compensation, or statutory fee, for representing a personal representative in a probate case is determined by the estate's value. Estate of Hilton (1996) 44 Cal.App.4th 890, 894-915. For example, if the estate is valued…
Jul 27
Probate Attorney Fees - Extraordinary Compensation

Probate Attorney Fees - Extraordinary Compensation

When an attorney handles a probate, they may be entitled to two methods of payment from the estate, ordinary compensation and extraordinary compensation. This is also known as ordinary fees and extraordinary fees. Ordinary compensation is…

Rank this Week: 2026

McDevitt Law Office

Covers estate planning and family law in Virginia.

http://www.mcdevittlaw.net/blog-index/

Sep 29
The use of an intentionally defective grantor trust

The use of an intentionally defective grantor trust

An estate planning vehicle that has attracted much attention is the use of an intentionally defective grantor trust (IDGT). A grantor trust is a trust that the grantor, or in some instances, a beneficiary, is regarded as the owner for income…
Sep 15
Proper estate planning: wills and trust

Proper estate planning: wills and trust

Creating a will ensures that all your wishes are carried out after your death. A will is the most common way for you to distribute your assets, like your home, to an heir. However, there are a number of other vehicles through which you can…
Aug 31
A rise in hostility among divorcing spouse

A rise in hostility among divorcing spouse

There has been an increase in hostility among divorcing couples who prefer to go to court instead of attempt to work together in an effort to reach a compromise. The issues of contention are the same as they have always been, namely, child…

Rank this Week: 2232

Estate Planning Blog

Covers asset protection, estate planning, probate and income tax planning. By Sheppard, Brett, Stewart, Hersch, Kinsey & Hill P.A.

http://www.sbshlaw.com/blog

Sep 22
Income Tax Deductions for Hurricane Related Casualty Losse

Income Tax Deductions for Hurricane Related Casualty Losse

Many Florida residents, particularly those in Southwest Florida, suffered casualty losses from Hurricane Irma recently. My thoughts are with those families and individuals at this challenging time, as many of us recover from a loss of…
Sep 15
When to Throw it Away

When to Throw it Away

My father-in-law, Ronald, is a pack rat. He and my mother-in-law can’t park their cars in the garage of their condominium because of all his stuff cluttering it up. There are old transistor radios, televisions (the black and white…
Sep 1
Trustee Liability

Trustee Liability

When naming spouses, children or other loved ones to serve as trustees in your testamentary (after death) trust or trust shares, consider a recent case where an estate trustee who took an “egregious” position in litigation has…

Rank this Week: 2210

California Probate and Estate…

California Probate and Estate Planning Blog

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

http://www.californiaprobate.info/blog

Sep 21
“Hi Grandma it’s….” ** SCAM ALERT **

“Hi Grandma it’s….” ** SCAM ALERT **

SCAM ALERT An old friend lost her husband recently. He was a really great guy but that’s not the point of this post. She told me that within days of the death she received a call where the caller said, “hi Grandma it’s your…
Aug 1
California Civil Code 2920.7 – Survivor Rights with Real Estate Mortgage

California Civil Code 2920.7 – Survivor Rights with Real Estate Mortgage

On January 1, 2017 the California legislature enacted a new law, California Civil Code 2920.7 (pasted below) which aims to help the survivor deal with a mortgage company when their name is not actually on the mortgage. It’s like a…
Jun 24
Steps to Take upon death of a loved one

Steps to Take upon death of a loved one

You just lost a loved one… now what? As a probate attorney for over 20 years I have dealt with well over 1,000 deaths at work. I have also dealt with the deaths of several family members and close friends. It’s a part of…

Rank this Week: 1534

The Hershey Law Firm Blog

Covers Florida estate planning and probate law.

http://www.hersheylegal.com/blog/

Sep 14
WHY PLAN FOR THE UNPREDICTABLE?

WHY PLAN FOR THE UNPREDICTABLE?

People typically don't prepare for much. They have this attitude of'I'll just wing it'. However, when there is an imminent threat, all those laid back people turn into the ultimate preppers.Fear placed inside of someone truly fuels the…
Jul 11
HAPPY 3RD FIRMAVERSARY!

HAPPY 3RD FIRMAVERSARY!

Fairy tales can come true, it can happen to you...Don't ever let the fear of the unknown cause you not to follow your dreams. If you work really hard and are kind, amazing things will happen! Make your own path and let others follow in…
May 22
STEP RIGHT UP--FORM A STRAIGHT LINE--NO SKIPPING

STEP RIGHT UP--FORM A STRAIGHT LINE--NO SKIPPING

Estate planning simply allows you to decide who will or will not receive from your estate when you are gone. Of course there are more complex issues surrounding estate planning, but for this moment, we are just going to focus on this one…

Rank this Week: 1821

Florida Trust & Probate Attorneys…

Florida Trust & Probate Attorneys Blog

Covers estate planning. By Rarick &; Beskin.

https://www.rblawfl.com/blog/

Sep 12
7 Smart Tips For Hurricane Irma Insurance Claims – And 5 Trap

7 Smart Tips For Hurricane Irma Insurance Claims – And 5 Trap

By Phil Rarick, J.D. 7 TIPS 1. Before You Clean Up Document Your Losses Continue reading The post 7 Smart Tips For Hurricane Irma Insurance Claims – And 5 Traps appeared first on Florida Trust & Probate Attorneys Blog.
Sep 2
2017 Property Tax Appeal Deadline: Read the Small Print!

2017 Property Tax Appeal Deadline: Read the Small Print!

You will miss this deadline if you do not read carefully – and you may need a magnifying glass to find it. Within the past two weeks you should have received in the mail a “Notice of Proposed Property Taxes” or…
Jun 1
Informática de Fideicomisos y Testamentos para Abogados de la Florida

Informática de Fideicomisos y Testamentos para Abogados de la Florida

Informática de Fideicomisos y Testamentos para Abogados de la Florida REFERENCIA DE LEGALIZACÓN DE LA FLORIDA Por Phillip B. Rarick, Esq., Abogado de Legalización de Miami Continue reading The post Informática de…

Rank this Week: 1507

Rogers, Sheffield & Campbell, LLP…

Rogers, Sheffield & Campbell, LLP News & Commentary

Covers estate planning, tax law, and real estate law.

http://rogerssheffield.com/news-and-commentary

Aug 16
Blended Families And Estate Planning

Blended Families And Estate Planning

Estate Planning in a Blended Family In this era of the blended family, there are many challenging legal issues. Separation and remarriage are currently so common in our nation that blended families have mostly turned into the new standard.…
Aug 11
Rebecca Koch Joins Rogers Sheffield & Campbell

Rebecca Koch Joins Rogers Sheffield & Campbell

Rebecca S. Koch Joins the Law Firm of Rogers, Sheffield & Campbell Rogers, Sheffield & Campbell, LLP is pleased to announce that Rebecca Koch has joined the firm, effective Aug 1, 2017. Ms. Koch is a skilled and compassionate…
Jul 20
Its A Good Time To Review Your Revocable Living Trust

Its A Good Time To Review Your Revocable Living Trust

A couple’s revocable living trust can be freely amended during their joint lifetimes. Amendments can be used to adapt to changes in law, family circumstances, or the couple’s wishes. However, once the first spouse…

Rank this Week: 1440

Estate Planning and Elder Law Blog

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

http://www.aminovlaw.com

Jul 4
Step-up in Basis: Is There Tax on the Sale of Inherited Real Estate?

Step-up in Basis: Is There Tax on the Sale of Inherited Real Estate?

As an estate planning and probate attorney, I am often involved in the sale of real estate that my clients inherited and have to deal with a very important question: “will my client have to pay capital gains tax on the sale”? As a…
Jul 4
Step-up in Basis: Is There Tax on the Sale of Inherited Real Estate?

Step-up in Basis: Is There Tax on the Sale of Inherited Real Estate?

As an estate planning and probate attorney, I am often involved in the sale of real estate that my clients inherited and have to deal with a very important question: “will my client have to pay capital gains tax on the sale”? As a…
May 14
3 Estate Planning Steps for New Parent

3 Estate Planning Steps for New Parent

Few joys in life match that of being a new parent. The moment your child is born, a tectonic shift takes place which makes even the most easygoing person lose sleep over their child’s future. The sense of optimism and hope parents feel…

Rank this Week: 2129

Potter Law Firm Blog

Covers estate planning and elder law.

http://www.potterestateplanning.com/blog/

Jun 30
Using Medicaid Planning to Prepare for the High Cost of Nursing Home

Using Medicaid Planning to Prepare for the High Cost of Nursing Home

Do you have a plan in place to deal with the high costs of any future nursing home care? If not, then you need to discover how a Medicaid lawyer can help you protect yourself and your interests. We often hear about how important it is that we…
Jun 28
How Long Does Probate Take, and Why?

How Long Does Probate Take, and Why?

Most people give little thought to probate until they end up having to deal with the process as an executor or find themselves waiting to receive an inheritance. As a rule, probate is usually simple to avoid – just as long as you have…
Jun 26
Recognizing the Benefits of a Durable Power of Attorney

Recognizing the Benefits of a Durable Power of Attorney

Many individuals will create a living trust to ensure that an individual they trust has the ability to manage their finances if they are unable. If an individual does not have a living trust as part of his estate plan, or even if he…

Rank this Week: 1520

KEYTLaw

Covers Arizona and federal laws.

http://www.keytlaw.com/blog

Jun 17
0.3% of 11,944 Peer-reviewed Climate Articles Said Warming is Man-made

0.3% of 11,944 Peer-reviewed Climate Articles Said Warming is Man-made

This article called "To Put America First Is to Put Our Planet’s Climate First" was written by Istvan Marko, J. Scott Armstrong, William M. Briggs, Kesten Green, Hermann Harde, David R. Legates, Christopher Monckton of Brenchley, and…
Jun 17
Environmental Effects of Increased Atmospheric Carbon Dioxide

Environmental Effects of Increased Atmospheric Carbon Dioxide

This scientific research paper was written by Arthur B. Robinson, Noah E. Robinson and Willie Soon and published by the Oregon Institute of Science and Medicine. The following is from the abstract: "Review of the research literature…
Jun 4
Democrats Love Socialism

Democrats Love Socialism

Socialism has never worked any where on the planet, but people who push socialism don't let facts get in the way of their belief in the religion called "socialism." In this video Ami Horowitz goes to Venezuela to find out how well…

Rank this Week: 1776

Your Texas Estate Plan

Covers tax and estate planning. By Jacob Pelley.

http://www.yourtexasestateplan.com/

Jun 1
US Supreme Court filings: a primer

US Supreme Court filings: a primer

Sorry I've been gone a while, but I've been busy.In today's post, I'll walk you through a (very rudimentary) tutorial on the shakedown that is filing things in the US Supreme Court, as I had to teach myself this last month.Question 1: Why?-I…
Dec 16
Beneficiary Designations, again.

Beneficiary Designations, again.

I've written about beneficiary designations before, but they continue to be a source of conflict I'm seeing for clients. It's not just life insurance, either.Think about your assets. Bank account, stock account, CD's, IRA's, 401k.…
Aug 1
Be careful what you sign for...

Be careful what you sign for...

We sign things all the time. Mostly credit card receipts, but if you have ever bought a car, a home, or signed for a package, you are also representing to the contracting world that, by signing the document, you accept the consequences…

Rank this Week: 2156

Mendel Law Firm Blog

Covers estate planning.

http://www.mendellawfirm.com/blog/

May 16
Advanced Directives – Do You Need One?

Advanced Directives – Do You Need One?

You are likely accustomed to making decisions for yourself, from small, seemingly insignificant decisions to major decisions. What happens, however, if you suffer from a terminal illness or a catastrophic accident that leaves you…
May 9
Questions To Consider When Choosing a Guardian for Minor Children

Questions To Consider When Choosing a Guardian for Minor Children

When most people think of the purpose of a Last Will and Testament they envision the distribution of estate assets after death. While your Will does allow you to decide who will receive which assets after your death, it can also serve one…
May 2
Ways to Minimize Family Fights over Your Estate

Ways to Minimize Family Fights over Your Estate

You have worked hard all your life to amass the estate assets you have. Whether you have a modest estate or a large estate, chances are good that you want to leave what you have to your family and loved ones when you die. Furthermore, you…

Rank this Week: 1595

Trust Matters Most

Covers family law, divorce, bankruptcy, and specific Pennsylvania law changes. By Reese, Samley, Wagenseller, Mecum & Longer, P.C.

http://www.trustmattersmost.com/blog

Apr 20
Real Estate Assessment

Real Estate Assessment

What does Reassessment Mean? All property parcels in Lancaster County will receive an updated assessment. This new assessment represents an estimate of your property’s fair market value. The new assessment will be effective as of 1/1/18…
Sep 15
Articles on the Supreme Court case of Watts vs. Manheim Township School District

Articles on the Supreme Court case of Watts vs. Manheim Township School District

We wish to acknowledge School Transportation News for an article written on Mr. Reese’s recent Supreme Court win! School Transportation News article As well as, American Bus Sales in Oklahoma for bringing our win to the eyes of those in…
Sep 15
Articles on the Supreme Court case of Watts vs. Manheim Township School District

Articles on the Supreme Court case of Watts vs. Manheim Township School District

We wish to acknowledge School Transportation News for an article written on Mr. Reese’s recent Supreme Court win! School Transportation News article As well as, American Bus Sales in Oklahoma for bringing our win to the eyes of those in…

Rank this Week: 2067

Elder Counsel Blog

Provides education and tools for Elder Law and Special Needs Attorneys.

http://www.eldercounsel.com/blog/

Mar 14
Member Spotlight: Brenda Geiger, J.D.

Member Spotlight: Brenda Geiger, J.D.

Member Spotlight: Brenda Geiger, J.D.
Mar 6
Per capita caps on Medicaid introduced in repeal and replace legislation

Per capita caps on Medicaid introduced in repeal and replace legislation

Per capita caps on Medicaid introduced in repeal and replace legislation
Feb 27
Member Spotlight: Tiffanny H. Sievers, Attorney at Law

Member Spotlight: Tiffanny H. Sievers, Attorney at Law

Member Spotlight: Tiffanny H. Sievers, Attorney at Law

Rank this Week: 2227

Florida Probate, Trust & Estate…

Florida Probate, Trust & Estate Blog

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

http://www.clarkskatoff.com/news-resources/blog/

Jan 31
The Jose Fernandez Estate: Questions, Uncertainty

The Jose Fernandez Estate: Questions, Uncertainty

Jose Fernandez, a once promising young starting pitcher for the Miami Marlins, was killed when the boat he was aboard crashed into a jetty off the Miami Beach coast. Authorities and initial reports stated that Fernandez was accompanied by two…
Jan 24
Bad Faith Claim against Decedent’s Insurer not Subject to Creditor Claim Period

Bad Faith Claim against Decedent’s Insurer not Subject to Creditor Claim Period

Can a claim for bad faith be maintained against a decedent’s insurance company, where the claimant failed to file a timely creditor claim against the estate? A new Florida case says yes, the bad faith claim against the insurance…
Jan 23
Can You Serve a Lawsuit By Facebook?

Can You Serve a Lawsuit By Facebook?

In the modern age, where communication can be done by way of text, tweet, email, or swipe, the ancient requirement to hand-serve a summons and complaint on a defendant seems quite anachronistic. Courts and legislatures have been moving…

Rank this Week: 1881

Crider Law P.C. Blog

Covers elder law, estate planning and family law.

http://www.criderlaw.net/blog/

Dec 15
Divorce Can Be Devastating for Older Women

Divorce Can Be Devastating for Older Women

Although the divorce rates in the United States are levelling off, divorce among baby boomers is on the rise. According to the Bowling Green National Center for Family and Marriage Research, baby boomer divorces more than doubled between 1990…
Dec 8
Second or Third Marriages Call for Unique Planning

Second or Third Marriages Call for Unique Planning

Preparing for a second marriage comes with its own set of complications which makes it all the more important to plan ahead and ensure that your documents are truly protecting you and those that you love. Data from the PEW Research…
Dec 1
New Data Shows that the United States Divorce Rate is the Lowest It’s Been in 35 Year

New Data Shows that the United States Divorce Rate is the Lowest It’s Been in 35 Year

The National Center for Family and Marriage Research at Bowling Green State University explores U.S. census data to determine how many people are getting married or divorced based on key demographics. The year 2015 data shows that there were…

Rank this Week: 1948

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 26
Trump's Proposal to Repeal Estate Tax Will Not Effect More Than 99% of Americans Who Are Extempted From Estate Tax. Estate Tax Elimination Does Not Eliminate Need for Trust and Estate Planning.

Trump's Proposal to Repeal Estate Tax Will Not Effect More Than 99% of Americans Who Are Extempted From Estate Tax. Estate Tax Elimination Does Not Eliminate Need for Trust and Estate Planning.

If president-elect Donald Trump follows through on his campaign promises, the estate tax will be eliminated. Currently, the rules are straightforward: A married couple is exempt for the first $10.9 million in their estate, and they…
Nov 25
Estate Planning Meets Retirement Planning - NYT Article on How to Give an I.R.A. to Beneficiaries Without Giving Up Control

Estate Planning Meets Retirement Planning - NYT Article on How to Give an I.R.A. to Beneficiaries Without Giving Up Control

Kate Thornton/New York TimesAn interesting New York Times article "How to Give an I.R.A. to Children Without Giving Up Control" (11/18/16). Some may have never heard of a Trusteed I.R.A. which allows the funds to be distributed to…
Nov 23
L.A. Times / Don Bartletti ~ Reading…

L.A. Times / Don Bartletti ~ Reading Cinemas Movie TheatreThe Los Angeles Times is reporting on a family estate dispute and court drama thatis affecting the Los Angeles-based movie theater chain Reading InternationalInc. which has dozens of…

Rank this Week: 1656

Edwards Elder Law, P.A. Blog

Covers assisted living, elder law, estate planning, and long term care.

http://www.edwardselderlaw.com/blog/

Nov 14
November Is National Family Caregivers Month

November Is National Family Caregivers Month

Caring for a family member can sometimes feel like a roller coaster ride. It can deepen the bond you have with your loved one, but it can also be physically and emotionally draining. Caregivers are usually so busy giving care that they…
Oct 24
When Did You Last Update Your Durable Power of Attorney?

When Did You Last Update Your Durable Power of Attorney?

Twice in the past few weeks we have had clients come in with durable powers of attorney that are more than 10 years old. The durable power of attorney is the legal document that states who you want to handle your non-medical affairs if…
Oct 17
The Florida Medicaid Programs Are Different For Assisted Living and Nursing Home Care

The Florida Medicaid Programs Are Different For Assisted Living and Nursing Home Care

When a loved one needs assistance paying for the costs of long-term care, many families look to the Medicaid programs to provide that assistance. The FL Medicaid programs are available to provide the safety net these families seek, but…

Rank this Week: 1671

Vandrew Law Blog

Covers asset protection, estate planning, tax law, and small business law.

http://vandrew.com/

Jul 21
IRAs & 401(k)s Holding Bitcoin Directly: Step-by-Step Guide to Avoiding Prohibited Transaction Trap

IRAs & 401(k)s Holding Bitcoin Directly: Step-by-Step Guide to Avoiding Prohibited Transaction Trap

Practicing in estate planning, wills, and trusts, I’m often called upon to help my clients with their IRAs, Roth IRAs, 401(k)s, and other retirement accounts. As I write this, yields in many traditional retirement investments are at all…
Jul 12
Estate Planning Traps & Bitcoin: 5 Things Bitcoin Holders Must Do Today

Estate Planning Traps & Bitcoin: 5 Things Bitcoin Holders Must Do Today

When it comes to estate planning, very little has been mentioned about bitcoin. While bitcoin is subject to wills and revocable living trusts like any other asset, there are some special considerations. Most seasoned holders of bitcoin are…
Jun 3
6 Things You Can Do Right Now To Live Richer and Leave More for Your Loved One

6 Things You Can Do Right Now To Live Richer and Leave More for Your Loved One

When talking about estate planning, we often get all twisted up in the mechanisms (revocable living trusts, wills, death taxes, etc.). We then lose sight of the bigger picture, which is how to live more richly with the time we do have. When I…

Rank this Week: 1730

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/

Apr 16
PA Model Local Rule for Mediation

PA Model Local Rule for Mediation

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Apr 16
Expanding Access to Mediation in PA

Expanding Access to Mediation in PA

Following is a document for use in a presentation to the…
Nov 23
PA Bar Assn approves Orphans' Court Mediation Project

PA Bar Assn approves Orphans' Court Mediation Project

On Friday, November 21, 2014, the Pennsylvania Bar Association formally approved, by unanimous vote, a Report and Recommendation presented by its Alternative Dispute Resolution Committee…

Rank this Week: 2027

Michigan Estate Planning, Probate…

Michigan Estate Planning, Probate and Elder Law

Covers Michigan estate planning, wills, living trusts, powers of attorney, elder law, caregiving, family matters and growing older . By Glenn Matecun.

http://matecunlaw.wordpress.com

Jan 19
Do you see the real person, or just what you want to see?

Do you see the real person, or just what you want to see?

This is a preview of this month’s legal corner article which will be published on January 27, 2016. “Uniqueness is what makes you the most beautiful.” ~ Lea Michele I was re-reading one of the late Stephen…
Mar 31
What is a Lady Bird Deed?

What is a Lady Bird Deed?

Check this out if you want to learn more about how a Michigan Lady Bird Deed works and how it can help with your Will, Trust or other estate planning.
Mar 31
What is a Lady Bird Deed?

What is a Lady Bird Deed?

Check this out if you want to learn more about how a Michigan Lady Bird Deed works and how it can help with your Will, Trust or other estate planning.

Rank this Week: 2179

Nash Nash Bean & Ford, LLP Blog

Covers elder law and estate planning.

http://www.nashbeanford.com/blog/

Dec 14
Free Report: Do You Need to Include A Business Succession Plain In Your Estate Plan

Free Report: Do You Need to Include A Business Succession Plain In Your Estate Plan

Small business owners have long been considered the backbone of the American economy; however, toward the end of the 20th century the number of new small businesses startups in the U.S. declined significantly. That changed though during the…
Dec 10
Why Estate Planning Is So Important for Co-Habitating Couple

Why Estate Planning Is So Important for Co-Habitating Couple

Not all that long ago in the United States society frowned on couples who lived together outside of the bonds of matrimony. In the 21st century though, more and more couples are choosing to put off marriage until later in life, or forego the…
Dec 8
Is an Incentive Trust Right for Your Estate Plan?

Is an Incentive Trust Right for Your Estate Plan?

Not all that long ago it was fairly unusual to find a trust agreement among the tools and strategies of the average person’s estate plan. Today, however, trust agreements have evolved to the point where there are so many different types…

Rank this Week: 1522

FLG Trusts & Estates Reporter

Covers trusts, estate planning, asset protection, and probate, with particular focus on Mississippi, Alabama, and Florida. By Fortenberry Law Group PLLC.

http://www.fortenberrylaw.com

Nov 17
U.S. States With Series LLC Act

U.S. States With Series LLC Act

A series LLC is a form of limited liability company that is authorized by state law to hold assets in separate “containers” known as series. These containers function much like holding companies. They are used to segregate…
Oct 29
Rights of Stepchildren to Assets of a Deceased Parent in Probate

Rights of Stepchildren to Assets of a Deceased Parent in Probate

Here’s a scenario that I get so often that it deserves its own blog post: Dad dies. Stepchildren claim that stepmother is taking dad’s assets and not communicating with them. Stepmother claims that all of the marital assets…
Oct 22
Formal Florida Probate Administration in 10 Step

Formal Florida Probate Administration in 10 Step

Of the various types of Florida probate proceedings, formal administration is the most common. Like any probate matter, Florida probate administration can vary depending on the size of the estate, the decedent’s asset…

Rank this Week: 1878

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